رقابة القاضي الإداري على الظروف الاستثنائية في مجال حماية الحقوق والحريات الأساسية

Abstract

Exceptional circumstances result in the administration takes exceptional measures to deal with the crisis, even if this results in violation of the existing legal rules. Exceptional circumstances and the consequent administration of exceptional measures in violation of fundamental rights and freedoms are legally legitimate. The administrative judiciary went to create the judiciary of exceptional legality, which entails changing the limits of the legality of administrative work when the interest of the state and the political group is compromised. And since the administrative Judge is the Natural Guardian of freedoms, and therefore cannot imagine this protection by him unless the judiciary is Independent and neutral and impartial, and not so unless the requirements of neutrality, impartiality and independence from all pressures. The question is: what is the extent to which the administration can go beyond it and infringe on public rights and freedoms, and thus subject to the control of the judiciary? What is the scope of judicial oversight under these circumstances?