سلطة الإدارة في موازنة القرار الإداري و رقابة القضاء بين المشروعية و الملائمة

Abstract EN

Balance control is an essential matter in the conflict between administrative judiciary and administration.

the role of the administrative judiciary has expanded beyond controlling the conformity of the administration’s decisions with legal texts and has evensought to make administrative decisionsbased on rules of rationality and logic as well as legal rules.

the judiciary intervened to balance benefits and damages due to several justifications, including that the administration often overestimates the benefits of its activities at the expense of individuals while the law confers broad powers to assess such benefits, often without limitation.