French and Islamic Sources of Moroccan Administrative Law Study of an Antinomic Duality
International Journal of Education, Culture and Society
Volume 4, Issue 6, December 2019, Pages: 98-104
Received: Aug. 26, 2019; Accepted: Sep. 18, 2019; Published: Dec. 6, 2019
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Authors
Siyouri Hind, Public Law and Political Sciences, Al kadi Ayyad University, Marrakech, Morocco
Hougua Ben Ahmed, Public Law and Political Sciences, Sidi Mohammed Bnou Abdellah University, Fes, Morocco
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Abstract
Being placed at the heart of concrete questions and interrogations of practice, it is undeniable that the judge has often had the initiative. For its part, the doctrine certainly does not aspire to be a source of law, no more ultimately than jurisprudence, but it can be a look, a broadcaster and an echo of this jurisprudence. Dean Vedel emphasizes in this context that the judge pilots, but the doctrine guides otherwise dictates the route, as he sees the general direction of the course. In a series of decisions, the Moroccan judge expressed the will to adapt the jurisdictional protection of the citizen to the religious data of the country. Moreover the principles of Islam are one of the originalities of Moroccan public law. Nevertheless, he finds in the case-law of the French administrative judge, in particular that of the state Council, a reassuring environment which offers him ready-made, orderly solutions which give his decisions the power of consecrated authority. Confronted practically with the same problems posed by the species that are submitted to him, the Moroccan administrative judge seeks from the French judges, who had in their solutions taken a few steps ahead, examples and models. However, the principle of French inspiration does not mean that jurisprudential solutions are transposed as is. The Moroccan judge has the tendency to become independent of the French judge by basing himself on a realism dominated by prudence and progressivity and on national characteristics that have no equivalent in France.
Keywords
Jurisprudence, Judge, Doctrine, Sources of Inspiration, Transposition, Administrative Law
To cite this article
Siyouri Hind, Hougua Ben Ahmed, French and Islamic Sources of Moroccan Administrative Law Study of an Antinomic Duality, International Journal of Education, Culture and Society. Vol. 4, No. 6, 2019, pp. 98-104. doi: 10.11648/j.ijecs.20190406.11
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Copyright © 2019 Authors retain the copyright of this article.
This article is an open access article distributed under the Creative Commons Attribution License (http://creativecommons.org/licenses/by/4.0/) which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited.
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