دور القاضي الإداري في الموازنة بين مبدأ المشروعية ومبدأ الأمن القانوني

Abstract EN

The right of the judiciary to monitor the legality of administrative decisions is considered an inherent right and at the core of its duties.

The administrative judge verifies that the administrative decision violates the principle of legality, then rules to cancel the illegal administrative decision, or meets legal security considerations, and does not cancel it, or arrange a specific amount.

The effects of both the principle of legality and the principle of legal security.

The administrative judge balances the principle of legality on the one hand and what the ruling requires of cancelling every administrative decision other than the legitimate decision, and the requirements of legal security.

However, this balancing requires the existence of the foundations upon which the administrative judge relies in conducting This balancing, giving priority to one of the two principles over the other, or applying the two principles to the extent necessary to achieve the principle of legality and the principle of legal security on an equal footing.