Developing Public Law in Light of the Academic Method Dialectical Approach in Constitutional and Administrative Law A Comparative Study
Dr. Islam Mahmoud Mahran
Assistant Professor of Constitutional and Administrative Law
Systems Department, Qassim University, KSA
Abstract:
The idea of the method always suggests a well-defined direction, regularly followed in a mental process that dominates the course of the mind and determines its operations until it reaches a known result. That is, the meaning of the method – as such – is the way of thinking, and therefore the legal method is the way of thinking in the field of law. One of the surprising issues in some modern legal studies related to constitutional and administrative law is their lack of methodology. We find that these studies do not differ from each other except in more details or applications, and most of them are limited to description, and lack thinking and creativity. If the searcher for legal truth does not resort to the method; he falls into contradiction and is drowned in the midst of details, leading to scattered, partial, spontaneous opinions that do not result in any scientific construction.
From here the problem of this research appears, given the nature and importance of the legal approach, its role in developing constitutional and administrative law, and how the disciplined scientific approach can move the philosophy of legislation with its impact. This study comes to address this problem within the framework of constitutional and administrative law, by benefiting from scientific approaches and judicial applications in comparative law, to reach the intended goal of explaining the nature of the legal approach, and how the desired development in constitutional and administrative law can be achieved through it.
Keywords: the legal approach in constitutional and administrative law, the development of constitutional and administrative law, the dialectics of the legal approach, and the philosophy of public law.