Balancing Judicial Oversight on the Principle of Administrative Legitimacy

Abstract

The study dealt with a comparison between the judicial systems used in the field of controlling the work of the administration to protect the principle of administrative legitimacy, which is represented in the unified judicial system, the system of administrative departments, and the dual judicial system. In this study, I followed the descriptive, analytical, and comparative approach to be able to present legislative texts, analyze judicial rulings and opinions of jurisprudence, and compare the Libyan legal system with other systems, especially the French and Anglo-Saxon systems. It also relied mainly on obtaining research information on the laws regulating the judicial system in the legal systems under study, namely, the Libyan Judicial System Law No. 6 of 2006, and Law No. 88 of 1971 regarding the Libyan administrative judiciary, And the Egyptian State Council Law No. 47 of 1972, and the French Administrative Judiciary Law of 2000, as well as some of the juristic references referred to at the end of the research. This study concluded that the preference of a dual judicial system based on the existence of an administrative judiciary as a judge of administrative legitimacy at the expense of the regular judicial system, and the system of administrative departments according to the unified judicial system.