Abstract
Though burdensome, administrative proving is not impossible.
Administrative justice has exerted tremendous efforts to help claimants prove their claims.
Evidence is one way to establish administrative proving.
Administrative courts have endorsed the possibility of resorting to evidence to establish the illegality of challenged decisions, though they are not stipulated by the law and may only be elicited by the judge from the context, circumstances and facts of the plea, once he finds them significant.
Such evidences appear within the context of indirect confirmation proofs as they transfer the burden of —proof from the disputed fact (which is difficult to prove) to another fact where they circumstantial evidence is easier to prove.
Administrative judges have often recognized and accepted circumstantial evidence to establish the illegality if challenged decisions and the subsequent annulment thereof. An example of circumstantial evidence is regarding an employee's natural and true record of his functional status.
Recommended Citation
Shatnawi, Dr.Ali Khattar
(2003)
"Judicial Circumstantial Evidence Proving Illegality of a Challenged Decision,"
UAEU Law Journal: Vol. 2003:
No.
18, Article 3.
Available at:
https://scholarworks.uaeu.ac.ae/sharia_and_law/vol2003/iss18/3