Correcting Defective Administrative Decisions And its Impact on Protection the Acquired Rights

Abstract

The administrative decision may be wrongly issued, forcing the administration to correct it. The administration corrects such decision if this administrative decision has a defect in issuing it. However, the problem raised is the acquired rights that resulted from the defective administrative decision and the principle of being retroactive or non-retroactive for the resolution correcting the defects of the previous administrative decision. Sometimes, the legislative authority corrects it, which may breach the principle of separation of powers. The legislative authority, under certain circumstances, including the state of crises, for example, may intervene in correcting the defective administrative decision.