Function of Judicial Reasoning in Administrative Procedure

Judicial reasoning is a process in which magistrates reach what they do not know using data and information (what they know and clear) when dealing with cases in court. Correct passing through this process by the judge results in the acceptance of the judgments on the one hand and the acceptance and enforcement of the judgments on the other. The following article seeks to analyse whether the reasoning in administrative procedure, in view of their features, are distinct from those of criminal and civil matters. The results of this descriptive-analytic study show that although administrative reasoning has the same components of reasoning in other proceedings as: problem explanation, fact discovery, legal rule discovery, analysis, and inference, the differences in administrative litigation in terms of parties, purpose, subject matter and the like have led to its relative difference with other areas of judicial reasoning. This distinction requires that a specialist judge in administrative affairs should carry out the process of reasoning in administrative litigation.