دور القضاء الإداري في حماية الحريات الشخصية أثناء حالة الطوارئ : حالة الاعتقال الإداري

Abstract EN

The jurisprudence and legislation offer the administration a sort of liberalness from the legality principle during exceptional circumstances, for it allows focing crises.

However, considering any potential abuse of the administration which would menace the rights and liberties of individuals in the name of authorities and exceptional measures, would have juridical authorities to attribute the right of control to guarantee a minimum level of liberties and that does not menace the public order; further, it allows facing the exceptional situation and reestablisling order and stability in the society.

This could be justified by assumption that juridictional control is one of the most important and effectuce sorts of control concerning the protection of rights and public liberties during exceptional circumstances.

Control is considered absolutely necessary to create the required balance between the privileges enjoyed by power and the rights and liberties desired by citizens.