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L'office du juge administratif de la légalité

Abstract : Although profoundly reformed in the course of the past twenty years, the judicial recourse for abuse of power led by the administrative judge still falls short.Prevented to review, on its own initiative, the legality of the whole administrative act, the judge is sometimes bound to reject some complaints although they were admissible and well-founded. This deficiency in judicial review originated in the insufficient consideration of the unique nature of the judicial recourse for abuse of power which does not only entail settling a case but also ensuring the legality review of administrative decisions.To ensure the completion of his powers the administrative judge will need to liberate himself from the sole content of the submissions and arguments of the applicants and be allowed to expand his powers in order to accomplish his purpose.The analysis of the rationale to this prohibition of judge-initiated legal argumentsdemonstrates that there isn’t any theoretical or practical obstacle to the possibility for the administrative judge to automatically examine the legality of public policy arguments and conclusions. Only conceptual limitations, necessarily incidental, explain the inertia of the administrative judge in the determination of the matter at hand.
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Submitted on : Monday, October 3, 2016 - 10:40:09 AM
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  • HAL Id : tel-01375397, version 1



Wendy Lellig. L'office du juge administratif de la légalité. Droit. Université Montpellier, 2015. Français. ⟨NNT : 2015MONTD056⟩. ⟨tel-01375397⟩



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