Judicial Control over the Legality of the Administrative Decision

Abstract

Administrative decisions are one of the regular means used by administrative entities within different states in exercising their competence and performing their functions. The administrative decisions are the most important manifestation of the activities and privileges enjoyed by the administration and derived mainly from public law. Therefore, the study of the administrative decision is very important in the literature of administrative law. Administrative law jurists make great efforts in defining the concept of the administrative decision, each according to his vision and understanding of what is meant by the administrative decision, its provisions, and its characteristics. Thus, it must be defined in more than one form. The administrative decision is defined as the express or implied statement by the administration of its sole will towards a legal effect, amendment, or cancellation, through a legal act or omission of legal action that the administration is obliged to perform under the rules or regulations. The most important characteristic of the administrative decision is that the administrative decision is a legal act issued by the administrative body; therefore, it can result in certain legal effects. There are two types of decisions made by an administration. The first type is the administrative decision that is characterized by the previous characteristics and which is subject to the supervision of the administrative judiciary, whose primary goal is to carry out public administration in the state and conduct various services. The second type is the so-called actions of sovereignty, which are not subject to judicial oversight, as they fall within the competence of the executive authority only, such as the decision to hold a popular referendum on a specific subject. The administrative decision is divided in terms of its subject into constitutive decisions and declarative decisions; in terms of its generality into individual decisions and regulatory decisionsand in terms of its disclosure into positive and negative decisions. There are cases in which the administrative decision acquires the character of continuity, where its legal effects are renewed over time, such as grievances and appeals to administrative decisions related to the dates of decision-making. The researcher discussed the different elements of administrative decisions represented in the reason, its forms, conditions of validity, and causation. Jurisdiction is another element that has been discussed through shedding light on its definitions, types, issues related to the delegation in the jurisdiction, administrative decision object, elements, conditions of validity, purpose, and the administration limitations in choosing the decision purpose. The researcher also discussed the relationship between the executive authority and the judicial authority through concentrating on two main themes represented in the separation of powers principle and mutual control principle among authorities. The latter principle included several issues that have been discussed and represented in the oversight roles of the judicial authority and the legislative authority. The researcher reviewed the role of the judiciary in controlling the legality of the administrative decision by discussing issues related to judicial control; the importance of judicial control in ensuring the legality of the administrative decision; sources of judicial control over the legality of the administrative decision in Saudi regulations; and different lawsuits related to the administrative decision, including revocation lawsuits and compensation lawsuits. To conclude, this study focused on the judicial control over the legality of the administrative decision, which is considered as one of the most important subjects in public law, as it defines the relationships between the administration as