السلطات التقديرية والمقيدة للقاضي الإداري في تحديد التعويض عن نزع الملكية الخاصة للمنفعة العامة

Abstract EN

The right of ownership is one of the most prominent constitutional rights and the element of compensation is one of the most important guarantees for the owner of the right of ownership in the face of the administration's authority to expropriate it.

This case has broad powers to protect the private property of individuals He has the power to choose the means of proof and control the administrative assessment, but in exchange for these powers, he does not have to issue orders to the administration, or impose threatening fines, and he also does not have to replace them.

These restrictions weaken the role of the administrative judge in embodying the principle of justice and fairness.