The Constitutive Role of the Administrative Judge Between Legal Security Requirements and Development Imperatives

Objective: This study aims to shed light on the role of the administrative judge in achieving legal security. It begins by highlighting the role of the administrative judge as a source of legal principles and his relationship with legal security. Then, it addresses the guarantees of enshrining legal security within this role by highlighting the legal controls related to issuing, retracting, and unifying foundational decisions. Subsequently, it discusses the problems hindering the realization of the concept of legal security and the proposed solutions, especially those ensuring the balance between the requirements of the evolution of judicial jurisprudence and the stability of legal principles. Methods: This study relies on a set of scientific research methods, most notably the analytical method, which involves analyzing legal texts related to the organization of the judicial reasoning process. Additionally, the descriptive method is used to describe the reality of administrative judicial reasoning. At times, the comparative method is also employed, comparing legal texts as a result of ongoing legal developments. Results: It is concluded that the constitutive role of the administrative judge contributes to achieving legal security. The importance of this role is particularly heightened in the field of administrative legislation, considering the deficiencies and ambiguities that characterize it, in addition to it being one of the most rapidly evolving areas of law. However, the matter is not without some practical problems, due to the fluctuation and contradiction of judicial interpretations, which undermines the concept of legal security. Conclusion: The constitutive role of the administrative judge is considered a crucial guarantee for achieving the concept of legal security. This role manifests in the sense that the administrative judge, through the process of judicial reasoning, seeks to address deficiencies, remove ambiguities, and keep pace with developments, all of which are essential aspects of legal security. Given the challenges posed by the reality of judicial reasoning, particularly concerning the fluctuation and contradiction of judicial interpretations, it necessitates a reconsideration of the legal organization of the reasoning process and a focus on the specialization of the administrative judge. Most importantly, there is a need to enhance the guarantees that ensure a balance between the requirements of the evolution of judicial reasoning and the stability requirements of legal principles.