دور القاضي الإداري في صناعة القواعد القانونية

Abstract EN

The role of the administrative judge is not limited to the application of legal texts or the interpretation of the ambiguity that surrounds them.

His role extends to the creation of solutions and theories, since administrative judiciary is not merely applied but rather creative.

In order to resolve cases and expand the potency of legal sources and avoid the denial of justice, the administrative judiciary, as opposed to the judge, has to devise legal rules, following specific steps.

The power to grant this authority to the administrative judge is due to the special nature of the Administrative Law, particularly in regards to the judicial origin of its rules.

This has led to a debate over the legal nature of the judicial legal basis and its comparison with legislation.

However, the establishment of judicial rules is not arbitrary.

It is based on specific rules and parameters, in order to preserve the rights and freedoms.

As example of judicial rules are numerous and varied, such as the defects related to administrative ruling, the administrative liability system on the basis of error and risk, the presumption of pre-administrative grievance on judicial decisions, the theory of fine science and the threatening fine in the law in facing public administration.