Date of Defense
13-11-2024 12:00 AM
Location
H2-1005
Document Type
Thesis Defense
Degree Name
Master of Public Law (MPL)
College
COL
Department
Public Law
First Advisor
Dr. Tarek Abo El Wafa
Keywords
Administrative judicial diligence, administrative law, administrative judge, legal principles, development of administrative law, administrative disputes.
Abstract
The general rule is that the judge is obligated to adjudicate any dispute brought before him, so he must search for a solution within the folds of legislative texts, and then other sources of the legal rule, and the texts may not help the judge while looking at the cases before him, but he cannot refrain from ruling on the pretext of the absence of a text that can be applied to the case brought before him, so it was necessary for the judge to strive to search for an appropriate solution, otherwise he would be denying justice.
Since administrative law is distinguished from other laws by a special nature based on the modernity of its origin and its judiciary, in addition to the continuous development of the disputes governed by this law, the scarcity of texts will remain an ally of the judge in his view of the disputes of this branch of law, which makes the administrative judge obligated in many cases to strive and innovate in search of appropriate solutions to these disputes, but the judge is not free in his efforts, he is not limited or stopped by a text, but is bound by restrictions imposed by the legislator sometimes, and others by which he restricts himself at other times. There is no doubt that this judicial effort plays a prominent role in developing administrative law, its rules and principles. Although administrative judiciary is an unknown term in the United Arab Emirates, given that administrative disputes are heard before administrative circuits and not administrative courts, in order to achieve the nature of the unified judiciary adopted by the UAE, the judges of the Federal Supreme Court have played a clear role in establishing and transferring the rules, theories and principles of administrative law over the past years. That judge has traveled, filling a gap, interpreting a text and motivating a legislator, riding the horse of diligence, armed with knowledge of the nature of things, encouraged by the inadequacy of texts, inspired by his openness to comparative laws, understanding the specificity of that dispute, being bound by texts and understanding the reality of his role.
Included in
THE ROLE OF JUDICIAL DILIGENCE IN DEVELOPING ADMINISTRATIVE LAW IN THE UNITED ARAB EMIRATES
H2-1005
The general rule is that the judge is obligated to adjudicate any dispute brought before him, so he must search for a solution within the folds of legislative texts, and then other sources of the legal rule, and the texts may not help the judge while looking at the cases before him, but he cannot refrain from ruling on the pretext of the absence of a text that can be applied to the case brought before him, so it was necessary for the judge to strive to search for an appropriate solution, otherwise he would be denying justice.
Since administrative law is distinguished from other laws by a special nature based on the modernity of its origin and its judiciary, in addition to the continuous development of the disputes governed by this law, the scarcity of texts will remain an ally of the judge in his view of the disputes of this branch of law, which makes the administrative judge obligated in many cases to strive and innovate in search of appropriate solutions to these disputes, but the judge is not free in his efforts, he is not limited or stopped by a text, but is bound by restrictions imposed by the legislator sometimes, and others by which he restricts himself at other times. There is no doubt that this judicial effort plays a prominent role in developing administrative law, its rules and principles. Although administrative judiciary is an unknown term in the United Arab Emirates, given that administrative disputes are heard before administrative circuits and not administrative courts, in order to achieve the nature of the unified judiciary adopted by the UAE, the judges of the Federal Supreme Court have played a clear role in establishing and transferring the rules, theories and principles of administrative law over the past years. That judge has traveled, filling a gap, interpreting a text and motivating a legislator, riding the horse of diligence, armed with knowledge of the nature of things, encouraged by the inadequacy of texts, inspired by his openness to comparative laws, understanding the specificity of that dispute, being bound by texts and understanding the reality of his role.