الرقابة القضائية على أعمال الإدارة في حال الطوارئ : دراسة مقارنة

Abstract EN

The study deals with judiciary control over public administration actions in case of emergency.

The objective of the study is to demonstrate how effective the control exercised by judiciary both in Jordan and Egypt and France over public administration actions in emergency cases is, taking into consideration that judiciary control represents the real guarantee individuals depend on in protection of their rights and freedoms and safeguarding the principle of legitimacy from abuse and tyranny of public administration.

We have granted constitutional Legislator wider executive powers in exceptional cases where the work of the executive power projects despite being otherwise in normal circumstances.

Among the most prominent legislation special emergency laws.

The granting broader powers in exceptional circumstances of the executive power (which also called when you actively administrative management) is a danger to the rights and freedoms of individuals.

If the expansion of management authorities is necessary to maintain public order in certain circumstances, but that expansion should be strictly regulated so as to leave room for the Department of prejudice to the rights and freedoms of individuals not be there when needed.

Whatever the laws governing the state of emergency in the accuracy of this organization is to be a dead letter if there were not effective judicial supervision of the Department’s work in a state of emergency.