Law Commons^™

Inspection As Means Of Evidence For Illegality Of Challenged Decision, Dr.Ali Khattar Shatnawi

UAEU Law Journal

Evidence of illegality of challenged decision is deemed one of the most important subjects, because right has no value unless it is protected by law against any outrage upon him. This study concerns with difficulties that face evidence of illegality of challenged decisions, and all reasons might be behind these difficulties such as maintenance of administration to all written documents or lack of cooperation between administration and administrative courts. Inspection is a direct means of evidence, it is clearly connected with all facts required to be proved. French, Jordanian and Egyptian Courts have adopted it as a means of evidence …

Judicial Circumstantial Evidence Proving Illegality Of A Challenged Decision, Dr.Ali Khattar Shatnawi

UAEU Law Journal

Though burdensome, administrative proving is not impossible.

Administrative justice has exerted tremendous efforts to help claimants prove their claims.

Evidence is one way to establish administrative proving.

Administrative courts have endorsed the possibility of resorting to evidence to establish the illegality of challenged decisions, though they are not stipulated by the law and may only be elicited by the judge from the context, circumstances and facts of the plea, once he finds them significant.

Such evidences appear within the context of indirect confirmation proofs as they transfer the burden of —proof from the disputed fact (which is difficult to prove) …