القيود الواردة على ممارسة القاضي الإداري لدوره الإجرائي : دراسة مقارنة

Abstract EN

Despite the wide powers that the administrative judge enjoys in searching for and evaluating evidence, it is not an absolute matter, as his procedural role is subject to a set of restrictions or controls that regulate him like that of an ordinary judge and in proportion to his judicial job.

His procedures in the case cannot be accepted unless a number of conditions are met, which are conditions for the validity of his procedural role.

However extensive the role of the administrative judge is and his freedom to prove and investigate the case, he remains resstricted by the nature of his judicial function, which obliges him to account the general principles associated with the principles of litigation in terms of his commitment to the principle of confrontation, and taking into account the appropriateness of the means of proof for the nature of the administrative dispute, as well as his obligation to prepare the case in full preparation, and in the sense that establishing evidence is the concern of the litigants in the lawsuit, so he should take into account their right to prove and discuss the evidence presented in the lawsuit.

As giving freedom the administrative judge‟s authority without restrictions governing it and controls regulating it may infringe the basic rights and freedoms of litigants, and lead to the administrative judge‟s authority being an absolute arbitrary authority.

These restrictions would ensure that the judge does not abuse his authority, in order to reach a judge that touches the real truth and achieves the desired justice.