European Academic Research ISSN 2286-4822
ISSN-L 2286-4822
Impact Factor: 3.4546 (UIF)
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Article Details :
Article Name :
Different competences of the administrative judge in Malian legal system
Author Name :
AHMED HEDIELOUM KODIO
Publisher :
Bridge Center
Article URL :
Abstract :
Establishing independence between the active administration and the administrative judge is more than necessary in the sense that the administrative judge is an essential bulwark between the administration and the citizens. This autonomy is a guarantee of the rule of law in any democratically organized society. For in such a society, it is inconceivable to envisage a judge and a party administration. At the origin of the existence of the administrative judge in France was a political reason to exclude the executive power from any jurisdictional control because of its prerogatives of public authority. But today, it is clear that this will have turned into a means of submission of the administration into law in states imitating the French legal system. Indeed, the administrative action must develop in compliance with a set of legal rules that found, facilitate, channel and limit this action. This is the technical justification of the administrative judge. According to Professor André de DELAUBADERE, it can be said that by creating a rather special administrative right to require a specialized judge, the administrative court has itself created its own reasons for existence, making itself necessary. The submission of administrative action to the right to remain a dead letter if there was no specific judge and independent of the administration to control and punish possible violations of this law.
Keywords :
Administrative action, administrative jurisdiction, competence of administrative judge.
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