تراتبية المصالح العامة في مواجهة تنفيذ أحكام القضاء الإداري

"دراسة في ضو المحكمة العليا الليبية

Abstract

The judiciary plays an important role in balancing conflicting interests and favoring one over the other.

The judiciary of the Libyan Supreme Court with its multiple circuits, with its constructive role, performs a major task in realizing the balance between conflicting public interests. This is according to the idea of gradation of interests; Since the interests are not on the same level; It exists in terms of rank, and it is included in terms of scope, and then one of them is superior to the other when they are crowded.

Also, the administration may refrain from implementing judgments issued against it or in its favor for a public interest other than the interest of respecting and implementing judgments. This is because the public interest for which the administration refrained from implementing the rulings is more important than the public interest represented in implementing the rulings. This is based on the fact that there is a gradation between them