Evidence before administrative judiciary

Discussion Committee: 
Dr.Mohammad Soraqa/supervisor
Bahaa al Ahmaed/co-supervisor
Dr.Ahmad Dabak/external examiner
Dr. Basel Mansour
Dr.Mohammad Soraqa/supervisor
Bahaa al Ahmaed/co-supervisor
Abeer Mousa Abeed
This study has dealt with a topic that is one of the most important issues that arise before administrative courts. This is administrative evidence، which is based mainly on the administrative proceedings between two unequal parties where they arise between ordinary individuals on the one hand and the administration as a public authority on the other hand. The defendant's center، which is an easy center in the case under the procedural laws، is often acquired، while the individual is in the plaintiff's position and is often devoid of any privileges or evidence; therefore، the burden of proof will be borne، thus creating the problem of imbalance between the parties to the administrative case. Through this study، we will clarify the privacy and ambiguity surrounding the administrative case، which we will highlight in order to clarify it and to present its legal features to the judiciary. The researcher has divided this study into two chapters. The first chapter deals with the substantive rules of evidence before the administrative court so that it speaks about the nature of the administrative evidence by clarifying its definition and importance، distinguishing the administrative evidence from other civil and criminal evidence and the different doctrines of proof، and then talking about the factors affecting the evidence before the judiciary Administrative privileges and privileges granted to the administration، which made it stronger in administrative proceedings such as the acquisition of papers and administrative documents، the privilege of the initiative، the presumption of the integrity of the administrative decisions، the privilege of forced execution and the consequent effects on the plaintiff for the burden of proof. The legal facts and their conditions، and then we explained the burden of proof rule، trying to identify who the burden is in the administrative case. The second chapter was devoted by the researcher to the procedural rules of evidence before the administrative court through discussing the methods of proof in the administrative case، both written and non-written، and the administrative judiciary was applied to its use. This chapter deals with the guarantees of balancing the administrative proceedings in terms of the nature of their procedures، In balancing the parties to the administrative case in reducing the burden of proof placed on the plaintiff by the main and important role of the administrative judge. The study concluded that the administrative case has a special nature that distinguishes it from other cases because of its unequal status. Since this imbalance is contrary to justice، this led to activating the role of the judge to achieve the balance between the parties to the administrative action to the extent appropriate to their nature، where the free system is the system that governs the evidence in the administrative case to establish the justice sought by the judiciary. Therefore، the researcher recommended that the countries that adopt the system of duplication of the judiciary should create a special system of evidence in the administrative case، and find a body or a prosecutor preparing the case before presenting it to the court to save time and effort especially in Palestine. In order to reduce the burden placed on the judges on the one hand، and to have a greater chance for the individual to seek the rights، because the administrative justice in the degree of one، which cost the High Court of Justice more effort and time to consider the cases brought to it، and the need to focus on the administrative judiciary in the fullest form and to pay attention to it in depth because of its necessity and usefulness.
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