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General Principles for law which control the cause factor in Administrative Resolution -A comparative Study-

المبادئ العامة للقانون الضابطة لركن السبب في القرار الإداري دراسة مقارنة

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 Publication date 2014
and research's language is العربية
 Created by Shamra Editor




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Law's general principles play a significant role which cannot be denied in the field of the efficacy of judicial surveillance over administrative resolutions issued on the administration's past. In this research we will illustrate its role in the field of controlling administrative resolution in terms of the cause factor which it is one of the components of internal legitimacy of resolution. Undoubtedly the role of general principles is gaining greatness in the case of the absence or shortcoming of texts, where the judge tends to fill in the gaps by inventing public legal rules which complement the legal construction and bridge the gaps, and figure out the necessary solution for the dispute at land. As for the factor or the motive for resolution issuance, the most important legal principles set by administrative law are embodied in the principle of the announcement of the reasons for the administrative resolution and the principle requiring that every administrative resolution has its cause which justifies in a truthful manner, namely, in reality and in terms of the law. The principles operate in the case where the legislator fails to mention the event - events which emerge as cause - causes that motivate the resolution taken, and where he fails to mention the need for announcing it within the administrative resolution taken. The resolution is regarded as legitimate in the case of their existence either in the events or the legal teats, or illegitimate in the case of their absence or efficacy. The illegitimacy is here manifested in the as well law's general principles.

References used
د.البرزنجي,عصام,1971-السلطة التقديرية للإدارة و الرقابة القضائية, رسالة دكتوراه,دار النهضة العربية , القاهرة.
د.الجرف,طعيمة,1961-انعدام التصرفات القانونية و تطبيقها على القرارات الإدارية,مقال منشور بمجلة العلوم الإدارية,يونيو.
د.حسن,عبد الفتاح,التسيب كشرط شكلي للقرار الغداري,مجلة العلوم الإدارية,السنة الثانية,العدد الثاني.
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