The problem of adapting the disciplinary offense and the reason behind the disciplinary decision (a comparative study in the Saudi and Egyptian systems)

This research relates to clarifying the problem of jurisprudential and legal adaptation of the violation in the Saudi and Egyptian systems.. This research is divided into two sections: The first topic: the concept of jurisprudential and legal adaptation for disciplinary offense: Doctrinal adaptation comes from the legal reference for both the Saudi and Egyptian systems; Where I dealt with the concept of jurisprudence, and the link between the legality of conditioning and the legality of legal ijtihad. Then we ended this requirement with terms related to the jurisprudential adaptation, such as the investigation of the mandate and its graduation. As for the legal qualification of the violation; We discussed the definition linguistically and idiomatically, its importance, and the position of some provisions of the Egyptian administrative judiciary on the issue of adaptation; In terms of its controls and the privacy of the reason for the disciplinary decision. The second topic: adapting the violation and the reason behind the disciplinary decision: the problem on which this research is based. Where we dealt with this problem in the light of the principle of legitimacy and the discretionary authority of the administration, whether in adjusting the violation or the penalty ensuing from it; This contradicts the two principles of separation of powers and the principle of legitimacy upon which the legal state is based.. Then we clarified the relationship of discretionary power with the elements of the reasoning pillar in the disciplinary decision. With regard to this problem and the pillar of the reason in the disciplinary decision: We have clarified the pillar of reason and its connection with the will of the legal administration and the consequences of that on the elements of this pillar; Especially in achieving the degree of proportionality between the violation and the resulting penalty, in light of the principles of separation of powers and legitimacy. We concluded this research by saying that the problem of jurisprudential and legal adaptation of the violation requires the intervention of the legislative authority to solve this problem.