رقابة التناسب في اجتهاد القضاء الإداري

Abstract EN

The proportionality control exercised by administrative justice on administrative decisions, and in particular on the element of cause, is one of the most important developments which have affected judicial control.

The Administrative justice constantly developing its means to be able to limit the authority of discretionary management, it has developed for this purpose the flagrant error of estimate technique, exercising its control over disciplinary decisions which consist in verifying whether these the decisions rendered by the administration are proportionate to the offense committed.

For this purpose, the technique of flagrant estimation error appeared, in which it exercised its control over disciplinary decisions to verify whether these decisions rendered by the administration were up to the offense committed.

Until he reached the peak of his control, he had exercised his control over the legal adaptation of the facts and then over the materiality of the facts until he reached the highest degree of control, namely the proportionality check.

The French administrative justice is gradually developing its control, as well as the Lebanese and Iraqi courts have followed the approach of French justice, in order to preserve the rights and freedoms of citizens.