Neutrality in the direction of the administrative judiciary (comparative applied study)

Abstract

  Judicial impartiality can be described as a judicial approach that stands in the middle between deciding and not deciding on the dispute before the court, in a clearer sense that the judge takes a negative position on the process of deciding the case or decides on it, but without interference and is satisfied with resolving the dispute, as his role is limited to receiving requests and evidence presented. He must study it and estimate its value, without advising the administration or directing it to a specific matter or putting himself in its position, or anything that would be considered as interference in its work.

   It should be noted that violating the functional specialization of the administrative judiciary leads to the transformation of the judiciary into an administrative facility, which destroys the majesty and prestige of the judiciary, and this is not consistent with the essence of the desired judicial role. Aware of the importance of shedding light on the impartiality of the judicial approach, which is represented by the policy of dissociation, as well as the policy of invoking lack of specialization, as two images that embody in their reality such an approach.