The Administrative Judge is Protector of Public Order (Comparative Study)

Abstract

This research explains the important role of administrative judge in protecting the notion of public order in three main aspects: firstly protecting the public order when he exams the administrative claim by testing the illegality of the administrative decisions through its compliance with public order, so the administrative judge can find its flaws even though they are not mentioned in the official plead by appellant. The second area is to protect public order as an end to administrative police procedures, by creating a balance between it and exercising fundamental rights and freedoms, especially when there is a special circumstance having a certain nature. Lastly utilizing the concept of public order by the judge in settling the principles that govern the public services according to the modern administrative contracts as new tools for administrating such entities, as well as forbidding arbitration in resolving disputes arising from internal administrative contracts in general and allowing that exceptionally in some contracts for the same goal.