Judicial Review of Proportionality in Administrative Decisions: A Comparative Study

A Comparative Study

Abstract

Research Summary:

This research deals with the extent of the judiciary’s control over proportionality in the administrative decision, given that the administrative judiciary in general is a constructive one, based on the judge’s diligence in examining the case papers, and if there is no explicit legal text restricting them and regulating their facts, thus leaving the cloak of the legal rule that states that no A crime and no punishment except by a text, opening the door to elaborating on the merits of the lawsuit, which is based only on challenging the legitimacy of the administrative decision to clear the space as for the rights and freedoms guaranteed by laws and constitutional legislation, to create a balance between the administration and the individuals so that it is a stumbling block in front of any abuse By the administration to use its right under the pretext of applying the law and regulation, without replacing it, as well as highlighting the role of comparative jurisprudence in addressing the principle of proportionality and the great and influential role in the adoption of this principle.