The Effect of Discretionary Administrative Authority in the Jurisdiction of the Administrative Decision

Abstract

The restricted and discretion authorities of administration is one of the basic principles on which modern public law is based. These two types of authorities are necessary for the good conduct of the administration. The restricted authority has the greatest guarantee for the freedom and protection of the individuals. Therefore, it is sufficient for the individual to prove the material conditions required by the law, so that the administration is able to respond to their requests. If it deviates from this path, it can be returned by the judiciary to the right side, without having a cover that conceals its inherent abuse, which is characterized by the other type of authority. Therefore, the competent authority to distribute competences - the legislative authority in most cases - should conduct a realistic and scientific study, prior to the beginning of the distribution or the division of competences, and granting the administration an amount of freedom or a space of the discretion authority to be able to practice the competencies granted to it, taking into account the periodic review of these authorities and competencies periodically and in accordance with the practical experience, and the new issues, events, and material and legal facts, to enable the administration to achieve its goals drawn up by the constitution and the law in its broad sense, with no absolute acceptance of the meaning of the concept of the administration's discretion: wasting and sacrificing the rights and freedom of the individuals. The administration is always aiming to achieve the public interest, which is primarily the maintenance of public rights and freedom.