Page 106 - مجلة المحكمة العليا السنة الأولى العدد الأول
P. 106
No. 1 3 Vol. I
ADMINISTRATIVE ACTION No. 7 . VllI entitled for the purpose of safeguarding her peace
and existence as well as protecting her subjects and
Decided on 16 May 1964 society, shall not be vitiated by abuse of authority.
In other words, deportation shall be actuated in
Subject matter: bona fide and by some sound motive rather than by
some personal or vindictive reason.
I. Interest in action at law ~
Avoidance of probable disad- CONSTITUTIONAL ACTION No. 3 - VI
vantage.
Decided on 29 Fabruary 1964
2. Promotion pursuant to provi-
sions of the Civil Service Law. Subject matter:
Principles of Law I. Constitutionality of regulations.
2. Term of preferring a constitu-
1. Any official is entitled to challenge promotion
decisions which are inconsistent with the Law pro- tional action.
vided that such decisions are bound or likely to 3. Constitutionality of a legislation
cause him disadvantage. An official of more advanced
seniority may challenge the promotion of an official may be challenged on promulg-
of less advanced seniority since by so doing the peti- ation thereof by the person in-
tioner would have an interest in the vacation of this terested.
promotion by rason of the fact that his advantage 4. Buildings tax; exclusion thereof
of seniority would otherwise suffer by the removal from income tax. Article 2,
of one inferior official from the scale of seniority and Law 501 of 1923.
his chance of promotion would suffer accordingly. 5. Tax leviable by the State.
2. Every authority in charge of appointments Principles of Law
or promotions is under the duty of observing all
relative qualifications provided for under the Law. l. Any regulations shall be deemed constitut-
Any promotion or appointment decision shall be pre- ionally right and their application imperative where
ceded by a relation of the ground upon which the promulgated in implementation of the Law and
decision was taken so that courts as well as officials within the limitations of the mandate therein pro-
may perceive the extent to which laws are observed, vided for.
ADMINISTRATIVE ACTION No. 11 . IX 2. Although Article 31 of the Law provides
that regulations shall determine the terms within
Decided on 16 May 1964 which actions may be preferred, it is evident that
the Law's silence about setting a term for bringing
Subject matter: constitutional actions can only imply that the setting
of this term is left to the regulations mentioned.
Deportation of an alien. The State
is entitled to deport any alien pro- 3. Were the Petitioner is subject to the legis-
vided no abuse of authority, on lation at issue, he shall have a direct personal interest
her part, is involved. in bringing an action against this legislation im-
mediately it is initiated without any need to wait
Principle of Law until actual application.
The State is entitled to grant or deny entry into 4. Under Article 2 (sec. a) of Law 501/1923,
her territory and residence thereon to any alien. In revenue accruing from buildings investments is ex-
like manner, the State is entitled to deport any cluded in consideration that it does not fall under
person in order to avoid risks involved in his income tax but under buildings tax.
residence within the country. Provided that the
exercise of this prerogative, to which the State is 5. One of the rules which admit no controversy
is that, by virtue of her vested sovereignty over her
subjects and other persons residing on her territory,
