The role of organizational administrative decisions and their impact on the principle of separation of powers

Abstract

Administrative decisions of a regulatory nature are considered among the most important means that enable the executive authority to perform its function. They include general and abstract rules that apply to an unspecified number of individuals and aim to implement laws and detail their provisions in a way that ensures the proper functioning of public services, They differ from individual decisions in that they do not address a specific person but rather regulate general legal positions. These decisions are based either on an inherent regulatory competence or on a delegation from the legislative authority, which makes them a complementary instrument to legislation rather than a substitute for it, This is connected to the principle of separation of powers, whose foundations were laid by the French thinker Montesquieu, and which is based on distributing the functions of the state among the legislative, executive, and judicial authorities in order to prevent the concentration of power. In principle, the legislative authority is responsible for enacting general rules, while the executive authority undertakes their implementation, However, granting the administration the power to issue regulatory decisions may raise the issue of overlap between the two authorities, particularly when the delegation is broad or not precisely defined. Nevertheless, these decisions remain subject to the principle of legality and judicial review, thereby maintaining the balance between the powers.