General Unwritten Legal Principles as a Source of Administrative Law: A Comparative Study
Dr. Bashayer Ghannam Soliman Aldikan
The first legal specialist at the Civil Service Bureau
Abstract:
The Article highlights the importance of general principles law. These principles are considered one of the unwritten sources of administrative law. They are also a source of legality adopted by administrative courts, which apply absent a written provision.
The article highlights the creative role of administrative judges applying such principles to the disputes to bridge legislative gaps absent a written provision.
Most administrative law scholars agree that through these principles the judge creates the application of a constitution’s preambles, rules of justice and fairness, and human rights declarations, judges decide on the disputes before them and avoid denying justice. This is why administrative law is described as a judicial law.