The annulment judge as a mechanism for balancing rights and freedoms against the requirements of administrative policing

• Seddiki Abdelaziz

  Mohamed Lamine Debaghine University – Setif 2

• Lacheheb Djazia

  Mohamed Lamine Debaghine University – Setif 2

Since its inception, administrative justice has been one of the most significant practical mechanisms within public law for safeguarding rights and preserving freedoms. It discharges this function through its jurisdiction to resolve disputes and protect individuals from any excess that may arise from the arbitrary conduct of public legal persons—particularly given the extensive prerogatives that the administration wields vis-à-vis individuals, which may generate serious incursions upon fundamental rights and public freedoms under the pretext of achieving administrative policing objectives. This study accordingly seeks to illuminate the essential role played by the independent annulment judge in forging a balance between the preservation of individual rights and freedoms, on the one hand, and the requirements of administrative policing through which the administration endeavors to enforce public order, public security, public tranquility, and public health, on the other—a balance that ultimately serves the goal of security and stability within the state.

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