The limits of public authority in issuing administrative decisions in Algeria
Keywords:
public authority, administrative decisions, administrative oversight, judicial oversightAbstract
The issuance of administrative decisions by the public authority is an important manifestation of the exercise of its assigned functions, which are aimed at achieving public interests for the benefit of society. This responsibility is undertaken by the public authority in Algeria. However, the issuance of administrative decisions is subject to limits and regulations aimed at protecting the rights of individuals and the community, while also ensuring that the authority fulfils its duties within the framework of the law. These limits are founded on legal and judicial rules, which are provided by administrative and judicial oversight.
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I. Books:
[1] Ahmed Abu Al-Fotouh, Administrative Law, Dar Al-Jami’a Al-Jadida, Egypt, 2015.
[2] Bouchanafa Abdallah, Administrative Law, Dar Al-Khaldounia, Algeria, 2018.
[3] Mohamed El-Soghayar Baali, Administrative Law: Administrative Activity, Dar Al-Ulum Lilnashr, Algeria, 2009.
[4] Mohamed Refaat Abdel-Wahab, Administrative Judiciary: Book One — The Principle of Legality and the Organisation of the Administrative Judiciary, 1st edition, Halabi Legal Publications, Beirut, Lebanon, 2005.
[5] Nasser Labbad, A Concise Guide to Administrative Law (Second Edition), Dar Al-Mujaddid, Algeria, 2008.
[6] Nasser Lazhari, The Algerian Administrative System, Dar Al-Matbou’at Al-Jami’iya, Algeria, 2018.
[7] Abdelkader Adou, Administrative Disputes, Dar Houma, Algeria, 2014.
[8] Abdel-Ghani Basyouni, Administrative Systems, Dar Al-Nahda Al-Arabiya, Cairo, Egypt, 2000.
[9] Abdel-Aziz Salman, General Principles of Administrative Law, Dar Al-Fikr Al-Arabi, Egypt, 2012.
[10] Fouad Attar, Administrative Judiciary and Oversight of the Legality of Decisions, Dar Al-Jami’a Al-Jadida, Egypt, 2008.
II. International Charters:
[1] Universal Declaration of Human Rights of 1949.
III. Algerian Laws:
[1] Algerian Constitution of 2020.
[2] Organic Law No. 98-01, dated May 30, 1998, regarding the jurisdiction, organization, and operation of the Council of State (Official Gazette No. 5, 1998), as amended and supplemented.
[3] Law No. 08-09, dated February 25, 2008, relating to civil and administrative procedures (Official Gazette No. 21, 2008), as amended and supplemented.
IV. Lectures:
[1] Ammar Boudiaf, “The Principle of Legality and the Role of the Administrative Judiciary in its Protection,” Lectures in Administrative Law for Postgraduate Students, Arab Academy of Denmark, Department of Public Law.
V. Judicial Decisions:
[1] Council of State, Fourth Chamber, File No. 17596, April 17, 2014 session.
[2] Council of State Decision, Fourth Chamber, File No. 31245, March 18, 2019 session.
[3] Ruling of the Administrative Court of Algiers, File No. 2021/456, June 12, 2021.
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