The Objective Role of the Administrative Judge in Administrative Litigation (A Comparative Study)

Abstract

The administrative judge bears the burden of achieving balance between the disputing parties, as he oversees the entire administrative lawsuit. The judge seeks to achieve this balance through his objective role, which is embodied in his intelligence and ability to derive judicial presumptions, considered primary evidence in administrative lawsuits. The judge relies on both material and moral elements as the basis for extracting judicial presumptions, which significantly contribute to balancing the parties by shifting the burden of proof from the individual to the administration. Judicial presumptions that the administrative judge derives are numerous and varied, with some of the most common being the presumption of the validity of decisions, certain knowledge, and abuse of power. The objective role of the administrative judge extends beyond extracting judicial presumptions to issuing the final judgment on the subject of the administrative lawsuit. It is noted that the powers to issue judgments are subject to a set of constraints. The importance of this topic has led us to explore it thoroughly, and through our research, we have reached several conclusions and suggestions.