International Journal of Legal and Comparative Jurisprudence Studies

Volume 2 - Issue 3 (4) | PP: 194 - 213 Language : العربية
DOI : https://doi.org/10.31559/LCJS2021.2.3.4
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Judicial control over the discretionary power of management

Walid Abdul Ruhman Mezher
Received Date Revised Date Accepted Date Publication Date
6/9/2021 30/9/2021 12/1/2022 18/1/2022
Abstract
The study aimed to delve into the legal issue of judicial oversight over administrative discretionary authority, and that the presence of discretion in administrative work would achieve this legal presence of the state on the one hand, and on the other hand, would lead to the management and good performance of administrative public facilities. Moreover, for its significance, the descriptive analytical approach was used in conjunction with the comparative approach. As a result, the research was divided into three sections, the first of which addressed the nature of discretionary authority. The second is concerned with external judicial oversight of the limits of discretionary authority, as represented by the defects of lack of jurisdiction, form, procedures, and deviation in the use of authority and the third is concerned with internal judicial control over the limits of discretionary authority. We came to several conclusions and recommendations; one of the most important is that the administration's discretionary authority lies in the element of cause, place, and end. The restricted authority exists in jurisdiction and form. While the most important recommendations are represented in the administration's hope that should use the privileges granted to it under the law, particularly the discretionary authority, for the public interest.


How To Cite This Article
Mezher , W. A. R. (2022). Judicial control over the discretionary power of management . International Journal of Legal and Comparative Jurisprudence Studies, 2 (3), 194-213, https://doi.org/10.31559/LCJS2021.2.3.4

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