MANIFESTATIONS OF INEQUALITY BEFORE THE ADMINISTRATIVE JUDICIARY IN ALGERIA AND THEIR IMPLICATIONS FOR THE INDIVIDUAL AND SOCIETY
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Abstract
Equality before the judiciary is a constitutional principle enshrined by the Algerian legislator. However, the practical reality of administrative justice reveals significant shortcomings that undermine this principle. These include difficulties in accessing justice and disparities in resources between citizens and administrative bodies, which result in indirect discrimination in the application of justice. Such imbalances exacerbate social inequality and promote reliance on informal mediation rather than legal recourse, thereby weakening public confidence in the judiciary and threatening societal stability. This situation calls for a comprehensive review of the legal framework and the activation of oversight and enforcement mechanisms to ensure effective equality before the administrative judiciary
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References
I) Books
Ibn Manzur, Lisan al-Arab, vol. 14 (Dar Sadir: Beirut, 2003).
Nasrallah, Abbas Mohammed, Special Administrative Law, 1st edn (Zain Legal Publications: Beirut, 2016).
Safar, Samer Hameed, Administrative Law: An Analytical Study on the Organization and Activities of Public Administration, 1st edn (Zein Al-Halabi Publications: 2020).
Sorour, Ahmed Fathi, The Constitutional Protection of Rights and Freedoms, 2nd edn (Dar Al-Shorouk: Cairo, 2000).
Tanagho, Samir, General Theory of Law (Al-Maaref Establishment – Jalal Hazzi & Co.: Alexandria, [n.d.]).
II) Journal Articles
Al-Farjani, Saleh Ahmed, ‘The Principle of Equality Before the Law and Its Applications in Libyan Law’ (2013) Journal of Legal and Sharia Sciences, Faculty of Law, University of Zawiya.
Boumediene, Tayeb and Djatti, Kheira, ‘The Legal Nature of the Judicial Bailiff's Delegation’ (2022) 14(29) Journal of Judicial Jurisprudence.
Djimawi, Nabila and Ebada, Wasila, ‘The Principle of Equality Before the Administrative Judiciary in Algeria Between Text and Guarantees’ (2023) 7(1) Academic Journal of Legal and Political Research, 3582, 3584.
Kadoush, Samira, ‘Equality Among Litigants as a Pillar of Social Justice’ (2014) 13 Al-Mi‘yar Journal, University Center of Tissemsilt.
Massoud Mentouri, ‘The Effects of Mandatory Legal Representation Before Judicial Councils and Administrative Courts on the Exercise of the Right to Litigate’ (2013) 6(9) Journal of Judicial Jurisprudence.
Zubaidi, Khalid Lafta and Abu Armileh, Bassam Mohammad, ‘The Role of the Jordanian Administrative Judiciary in Protecting the Principle of Equality’ (2020) 12(2) Jordanian Journal of Law and Political Science.
III) Theses & Dissertations
El-Metwally El-Sayed, Mohamed, The Principle of Equality Before Public Services: Applied to the Distribution of Health Services in Egypt (PhD diss., Faculty of Law, Ain Shams University, Cairo, 1997).
IV) Legislation & Official Documents
Constitution of the People's Democratic Republic of Algeria, 30 December 2020, Official Gazette no. 82.
Algerian Civil Code.
The Algerian Code of Civil and Administrative Procedure.
Law No. 22-13 of 12 July 2022, Amending Law No. 08-09 of 25 February 2008 on Civil and Administrative Procedure, Official Gazette of Algeria, no. 48 (17 July 2022).
The Finance Law for the Year 1999, Law No. 98-12 of 31 December 1998.
Law No. 06-03 of 20 February 2006, Regulating the Judicial Bailiff Profession, Official Gazette no. 14 (8 March 2006).
Decree No. 19-199 of 2 August 2018, on the Delegation of Public Service, Official Gazette of Algeria, no. 48 (5 August 2018).
V) Web Sources
Al-Maany Comprehensive Arabic-Arabic Dictionary, Al-Maany.com, accessed 12 December 2024, https://www.almaany.com/ar/dict/ar-ar.
Sorour, Ahmed Fathi, ‘The Principle of Equality before the Constitutional Judiciary’, article published on the website of Prof. Alber Ansy, 20 February 2024, accessed 26 December 2024, https://alberonsy.com.
Salman, Abdelaziz Mohamed, ‘A General Overview of the Constitutional Protection of the Principles of Equality and Equal Opportunity’, Manshurat Qanuniya, 6 November 2023, accessed 12 December 2024, https://manshurat.org/content.