الاتجاهات الحديثة للقضاء الإداري عن طريق دعوى الإلغاء

Abstract

That the right of recourse to the judiciary is one of the public rights that are proven to the litigant, these rights are guaranteed by the constitution and the rights of the litigant can not be reduced except within the limits prescribed by the law, therefore, every person has the right to resort to the judiciary, this decision is based on the administration's exercise of its powers and exercising it with a certain amount of freedom and disposition and according to the appropriate discretion. however, this discretionary authority is subject to the supervision of the judiciary, thus ensuring that the principle of legality is not violated. On the other hand, the administrative judiciary is obliged to provide the necessary protection for individuals during the administration's of its activities and thus the freedoms of individuals. therefore, among the modern areas that the Algerian judiciary is subjected to in the case of cancellation, judicial control over the discretionary authority of the administration, as enshrined in the constitution and the provisions of the code of civil procedure.