Judicial Review of Procedural and Formal Defects in Administrative Decisions
DOI:
https://doi.org/10.64184/ajlps.V2.I3.Y2025.P790-820.147Keywords:
Administrative judiciary, administrative oversight, legitimacy of decisions, individual rights, cancellation of decisions, compensation for damagesAbstract
Abstract
In contemporary times, the administration relies on the legal instrument of the administrative decision, which serves as a fundamental tool in the daily functioning of public administration with the aim of achieving the public interest. Beyond this role, the administrative decision also represents an expression of public authority. By its very nature, it is subject to annulment through judicial challenge, distinguishing it from other legal acts resorted to by the administration. Administrative courts play a crucial role in ensuring the legality of such decisions, both in terms of their form and the procedures followed in their issuance. This judicial scrutiny involves verifying the administration’s compliance with applicable laws and regulations, as well as safeguarding the rights granted to individuals under these legal frameworks. Moreover, administrative courts perform a vital corrective function by annulling unlawful decisions or granting compensation for damages caused by administrative actions. In doing so, they contribute significantly to reinforcing the principles of transparency and accountability by monitoring the legality of administrative procedures and ensuring that public authorities do not encroach upon individual or collective rights. Thus, administrative judiciary constitutes an essential mechanism of oversight over the administration. It strengthens a culture of respect for rights, consolidates the rule of law, and thereby promotes social and political stability within societies.
References
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Fourth: Judicial Rulings and Decisions
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Fifth: Laws and Decrees
1. Fifth Amendment to the State Shura Council Law No. (17) of 2013.
2. State Shura Council Law – Second Amendment No. (106) of 1989.
3. Law of Discipline for State and Public Sector Employees No. (14) of 1991.
4. Civil Procedure Code No. (83) of 1969.
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