The Extent To Which The Administrative Judge Replaces The Administration In Administrative Lawsuits

Abstract

The administrative judge exercises his traditional control, which is the control of legality, to ensure that the administration’s actions and decisions are in accordance with the provisions of the law, without the administrative judge having the right to issue orders to the administration or interfere in its affairs, whether explicitly or implicitly.

However, this does not mean for the administrative judge to accept the prohibition of issuing orders to the administration, or the prohibition of replacing it from the traditional point of view that sees this issue as one of the prohibitions that he should not exceed. Rather, there are cases in which the judge must intervene in monitoring the actions of the administration and even replace it, and this is acceptable, without this making the ruling an administrative decision, but rather it remains a judicial decision within the framework of his role as a judge, and this appears in some exceptions in a special and fundamental way in some cases of complete judicial review, and in some cases of cancellation.

Accordingly, the judge’s oversight did not stop at the limit of oversight of legitimacy, especially in light of the lack of harmony between traditional oversight (oversight of legitimacy) and the developments taking place in administrative activity and the expansion of the administration’s work, and consequently the expansion of the scope of its discretionary authority. Oversight extended to reach the field of estimating and suiting the administration’s work, or replacing it in a way that achieves proportionality and compatibility between the effectiveness of administrative activity and the rights and freedoms of individuals in order to achieve the public interest.