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Regulating the Principle of Human Dignity in the French Administrative Law

  • S. El-Manaseer,
  • Khaled Alzubaidi,
  • Omar Almakhzoumi,
  • Bassam Abu Irmilah

摘要

The purpose of this study is to try and establish a legal foundation for the human dignity principle in the realm of administrative law regulations. In order to accomplish this objective, the study concentrates on defining the legal notion of the “principle of human dignity” as a component of the moral comprehensive framework within the boundaries of French administrative law. The reason behind this choice is that the French administrative judiciary, which is exemplified by the French Council of State, was the initial entity to utilize this principle in its rulings. The utilization of this principle by the French Council of State, however, has given rise to certain problematic matters, particularly the clash between the implementation of said principle and the rights and liberties guaranteed by the French constitution. Consequently, this study puts forward a number of proposed resolutions to mitigate such conflicts whenever feasible. Discovering a legal and constitutional foundation for the concept of human dignity constitutes a pivotal concern in contemporary legal systems, as it imposes a fresh duty upon administrative authorities that must be upheld and honored in their determinations. This obligation will actualize the principle of impartiality among individuals without any form of discrimination on any grounds.