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Theses

Le juge administratif et les libertés publiques en droits libanais et français

Abstract : Public freedoms are known and demanded by everyone, everywhere. They must be protected against any attack. The infringements of public freedoms are often by the administration. The first institution to guarantee public freedoms against the administration is the administrative judge, his regular judge. The administrative judge is the judge of the administration, he consider his action, rescind or conform its decisions and directed her orders. The administrative case law shows that the administrative judge often uses all the instruments at its disposal to protect public freedoms against violations by the administration. These instruments include the narrow interpretation of the cases of incompetence of the administrative judge in the matter, easing the admissibility of the action plan, the extensive application of the petition for freedom, the ability to complete the legislative gap that is to also broad and deliberate in administrative law, the creation of general principles of law, the most important being the principle of the exceptional character of limits on public freedoms and especially of the police measures and the principle of equality, the restrictive interpretation of laws unfavorable to public freedoms, the broad interpretation of laws favorable to public freedoms and the commitment of public responsibility in the service of public freedoms.
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Yehia Kerkatly. Le juge administratif et les libertés publiques en droits libanais et français. Droit. Université de Grenoble, 2013. Français. ⟨NNT : 2013GREND005⟩. ⟨tel-01002615⟩

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