The nature and legal protection of the principle of precaution in administrative law

Document Type : Original Article

Author

Faculty of Law - Mansoura University

Abstract

Whereas, when there are threats of serious or irreversible harm, and complete scientific certainty is lacking, there can be no justification for postponing the adoption of effective measures to prevent damage. Whereas, the general idea of the precautionary principle can be tried as follows: "Measures shall be taken when there is sufficient reason to believe that any activity or product may cause serious, irreversible harm, and such measures may be to reduce or stop Activity if it is an activity, or to prevent this product if it is a product, without having to formally establish conclusive evidence of a causal relationship between that activity or product, and the serious consequences."  The principle of precaution is present to varying degrees in international conventions and conventions, as is the case in administrative law, whether on the domestic or international side. In fact, the principle of precaution is one of the general principles in administration and administrative law, and was defined as a philosophical concept "ideology of precaution" from a legal point of view, and imposed by the development of environmental and health risks and problems, and the resulting serious damage that raises the responsibility of the state represented in its administrative organs, whether at the national or international level, despite the lack of sufficient knowledge about determining what these damages may occur in the future and the date of their occurrence.

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