مجلة النبراس للدراسات القانونية
Volume 10, Numéro 1, Pages 117-123
2026-06-11
The Role Of The Civil Judge's Discretionary Power In Achieving Justice
Authors : Bouchria Nacima .
Abstract
Abstract: The development of the idea of the discretionary power of the judge came in line with the development of the most mature human thought, which preferred to resort to a just and honest person to claim the lost right, by placing full confidence in this person who is the judge in order to restore the lost right based on the legal texts that distinguish What is the difference between the normal behavior of the individual and his abnormal behavior, and the principle of the necessity of separating the judge in all cases before him without invoking any argument such as the absence of legal texts, was established by giving him discretionary authority in choosing the appropriate legal text and in its interpretation and application, but more than That is, in the absence of a legal text, the judge decides by his personal judgment after all other sources of law have been enforced, and he must give the judge the discretionary power to settle disputes, which is an important principle in achieving justice.
Keywords
Keywords: discretionary power, compensation, damage, civil liability.
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