الأساليب الحديثة لقاضي الإلغاء في الرقابة على السلطة التقديرية للإدارة

Abstract EN

In fact ,the traditional methods used by the nullification magistrate in monitoring the discretionary power of the administration , which appear in the form of controlling the legal and material existence of facts, the validity of the qualification and the monitoring of proportionality, prove to be insufficient to restrict the abuse of the administration which affect the rights and collective liberties ,and this is due to the fact that this ordinary monitoring doesn‘t face the new areas where the administration interfere making use of its discretionary power .As a result ,the nullification judiciary has created new methods in order to monitor the discretionary power of the administration ,through alluring the nullification magistrate to exercise power upon it ,via controlling the cause element by relying on the theory of grave error in the appreciation , and the theory of balance between the benefits and the damages to monitor the object element.

The methods have been adopted by the nullification judiciary in Algeria, but in a marrow scope in the area of civil service and expropriation for public utility .these methods have to be extended to all the new areas