The criteria for distinguishing administrative decision in the jurisprudence and the judiciary A Comparative Study (Syria, Egypt, France)


Abstract in English

The move to the principle of separation of powers in its relative meaning has a clear impact in achieving the confusion between the legal works of the state authorities. Therefore, it was necessary to search for clear criteria to identify the legal nature for those works, especially that they differ in terms of the legal system governing them. These criteria are important in distinguishing the administrative decisions form the other works which the state authorities do, especially that they are an effective tool within the hand of the administration in the face of individuals being subject to the judicial control on the one hand, and that they are liable to be canceled and modified by the administration on the other hand. In addition, the state is responsible for the harm caused by these acts to individuals. The jurisprudence and the judiciary are swinging between the two criteria even if one of them overshadows the other. This research aims to demonstrate the criteria used in distinguishing the administrative decision from the other legal works, as well as the standpoint of the Syrian, Egyptian and French jurisprudence and judiciary regarding this issue.

References used

حسين عثمان. القانون الإداري ( أعمال الغدارة العامة). الدار الجامعية , مصر, 1990.
محمد فؤاد عبد الباسط. القرار الإداري. دار الفكر الجامعي, مصر, دون عام طباعة.

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