رقابة التناسب بين الواقع و القانون في قضاء الإلغاء

Abstract EN

Proportionality of control remitted to the exaggerated situation made by the administration in order to concern the illegality of the administrative decision, but the novelty of this check poses the problem of scope of application by the trier of fact and the judge of law? the administrative judge in France applies this control either as a trier of fact or a judge of law, he called him the latter "control of denaturing of the facts", the same one was found on Egypt the doctrine called "control of excessiveness ”, on the other hand in Algeria the judge of facts applied this control to him, on the other hand the judge of the must this restricted by the cases of cassation provided for by the law, these last are resembled to a large part in the case of cancellation, and through which we can deduce the possibility of exercising this control by the judge of law.