الاستثناء الوارد على مبدأ المشروعية و الرقابة القضائية عليه

Abstract EN

The principle of legality is the submission of the administrative authority to the law in its actions and decisions, and every deviation from this principle is canceled.

However, for special requirements, some theories were excluded of this principle which are : discretionary power, the war powers theory "exceptional circumstances" and sovereign acts theory.

Judicial review differs on each of these exceptions.

In the discretionary power, judicial review role is limited to ascertaining the powers of the administration and the will of the legislator.

In the war powers theory, its role is limited to ensure that all required conditions are met.

Finally, with regard to sovereign acts, the judicial review will focus on ensuring that the attribute of sovereignty is present in it.