The General Principles of Administrative Law and the Limits of Their Application

Abstract

The general principles of administrative law are considered among the fundamental unwritten sources of the legality of administrative action. They do not appear in the text of legal provisions; rather, they emerge through the jurisprudence of the administrative judge, who uses them as legal rules while acknowledging their binding force upon the administrative authority, because they represent the major orientations of legal systems. They are a set of unwritten rules discovered by the judiciary by referring to the spirit of legislation. Credit for the emergence of this source of administrative legal rules is attributed to the French Conseil, which has played a major role in establishing the general principles. Historically, it is established that the French Conseil is the originator of the theory of the general principles of law.principles are derived. The role of the administrative judiciary in uncovering and creating the principles and rules of administrative law even surpasses, in its importance, the role of legislation, as this is imposed by the reality of administrative law.