The law in its current form emerged with the rise of the modern state; the link between them is organic. A state cannot exercise its functions and achieve its goals without a system of legislation, headed by the constitution. Therefore, the modern state has been described as a legal state or a state of law. This means the existence of a constitution that organizes its three powers: legislative, executive, and judicial, and a relative separation of these powers, as absolute separation is practically impossible. Relative separation requires cooperation among these three powers, as well as mutual oversight. A legal state also respects the principles of human rights and fundamental freedoms, facilitates the transfer of power through free legislative elections, and ensures the independence and impartiality of the judiciary. If security is not stable and the law is not prevalent and respected by both rulers and the ruled, the state is described as a failed state.

The administrative authority, a branch of the executive authority, is the largest in the state in terms of number and tasks. Therefore, it was necessary to enact legal rules to clearly organize its activities and achieve its goals smoothly. These rules are the principles of administrative law, which govern the operation of public state facilities, whether through administrative decisions or contracts, as well as their regulatory activities.

In the present day, an individual is subject to administrative authority from birth, when their parents obtain a birth certificate, and this interaction continues throughout their life with state administrations according to their needs until death, when a death certificate must be issued. The administrative authority organizes the life of individuals and the community in their various political, social, economic, and cultural affairs. Therefore, studying administrative law provides the reader with a clear idea of the state's policies, functions, and decisions. A student of law acquires a legal culture that qualifies them to understand the causes and consequences of many problems, policies, or decisions, whether public or private. From here, the value of studying and delving into administrative law becomes apparent, especially for an individual who is interested in organizing their profession, craft, or specialty according to the principles of the laws in force in the state.

The activity of the administrative authority is manifested in two distinct methods: the public facility, which is the traditional method for delivering public services, and administrative control, which aims to maintain public order in the state.

Among the privileges of the administrative authority is direct enforcement. It secures its rights through this means granted by the legislator, so it does not resort to the judiciary but enforces its decisions by compulsion. It also collects its debts through direct enforcement. Furthermore, among the administration's privileges is the expropriation of private property for public benefit in exchange for fair financial compensation. The administration also possesses broad discretionary power within the framework of the public interest.

I will state upfront that these topics are addressed within their general foundations. As for jurisprudential differences, I have touched upon them only slightly, so as not to burden the reader or the legal scholar. This approach to these topics provides a general idea to endear them to the reader, who can then delve deeper into them in Arabic administrative law books.

The administrative authority uses two major resources: the first is human, represented by military or civilian employees of the state, and the second is material, which is the state's funds, whether public funds or private property owned by it.

The administration also uses two essential tools in exercising its authority: the administrative decision and the administrative contract. With the first, it exercises its powers through its unilateral will. With the second, it resorts to agreements with individuals under administrative conditions agreed upon by both parties.

From this, it is clear to us that the administrative authority possesses unique privileges to conduct its activities and achieve its goals. In this case, it is a public authority that possesses the means and characteristics of public law, as it represents the structural entity of the state in terms of organization subject to laws, regulations, and bylaws. The state cannot perform its functions except through an administrative authority that has capabilities granted to it by law because it represents the public interest. The scale of the administration always outweighs that of individuals because it represents the interest of the state and society, while the individual represents only themselves or their limited group and thus represents a private interest.

The administrative judiciary works to balance the rights and privileges of the administrative authority against the rights and freedoms of individuals. The administration's side is not superior to the individuals' if it is abusive or deviates from the law. However, if individuals enjoy legitimate rights, the administrative body cannot infringe upon these rights, which is guaranteed by the administrative judiciary that protects the administration from harm by individuals, just as it protects individuals from harm by the administration. It balances the public interest, which always has priority, with the interests of individuals, provided they are lawful.

It is worth noting that administrative law is one of the most important branches of public law because it is the law that organizes the activities of state administrations according to rules first devised by the French Council of State and French public law jurisprudence. They innovated the most important theories and principles of administrative law in its contemporary form. The administration cannot be subject to the rules of civil law, which is governed by the principle 'the contract is the law of the contracting parties,' as this law views individuals on the basis of complete equality. However, equality cannot be established between individuals and the administrative body. Therefore, this body needed legal rules stemming from its nature and characteristics, which was accomplished by the administrative judiciary and jurisprudence in France. This pioneering experience originated in the eighteenth century but has now extended to the judicial systems of countries around the world.

All these topics and their related matters will be found in this book. We ask God Almighty for success in it, from Him we seek help, in Him we trust, and to Him is the final return.

• ISBN: 9789957169015
• Weight: 0.850 kg
• Dimensions: 17×24 cm
• Paper: White
• Pages: 432
• Year of Publication: 2015
• Binding: Hardcover