مبد أ المشروعية في القانون ا لإداري وضمانات تحقيقه

Abstract

Leqitimacy is considred as the essential pillar of the nation of law which overlies on both governors and the convicted. It mainly aims at making the public authoroties leqitimate and leqal espacially the public administrative bodies owing to the fact that they are more connected with the indidual right and freedom. This principle emerged to curb the governors and thier assistants who profit from the public authority privileqes. This action had to be ended, thus liqitimacy had appeared theoritically speaking, the principle of leqality quarantees the individual rights and freedom to confront the administration,yet it requires assurances to confirm its validation. Moreover, the judicial control is the most appropriate control because the judicature is a seperate body from the administration as it quarantees the individual rights by authority of the law. In addition, the judical control is a means to rescind any illiqitimate administrative action. It olso provides amends for administrative damages. Furthermore the role of both administrative and political controls is undeniable in addition to the juridical one wich is the best contriol over the administrative action for the reason that they formulate a thorough and pamdemic control system. To sum up, the various types of control are crucial to maintain legal actions and achieve laqitimacy.