The Judicial Role of the Administrative Judge in the Absence of Legal Texts

Abstract

Given the unique nature of administrative law and the historical circumstances of its emergence, as well as the lack of codification of all its legal rules due to the vastness and diversity of its fields of activity, all these factors have led the administrative judge to play a distinctive role in creating rules of administrative law in the absence of a legal text governing the dispute presented to him. The administrative judge effectively becomes a legislator, with his rulings substituting for the law through the exercise of judicial interpretation.