الانحراف بالسلطة كأحد عيوب القرار الإداري : دراسة تحليلية في ضوء قضاء ديوان المظالم السعودي

الملخص EN

the judicial control over the decision of the administration is the most important guarantee for the protection of individual rights and their freedoms of the excesses administration , but this control lose some effectiveness, in the face of some of the disadvantages of the administrative decision ,because difficulty of proving defect or violation.

the use of power is considered more difficult in terms of the evidence because it was built on the basis of research in the intention or the conscience of administration agent to know the target envisaged from behind his decision.

Through this study, it proved to us that the search in a matter of faith or conscience issue lacks objectivity and make the judge's decision often lacks foundation , and prudent to avoid the judge to go into the question of intent and sufficient external oversight of the administration decision, and looking in the issue of the lack of public interest and is a matter of more objective , and to say that we believe independently defect deviation became by the search and is heading to the integration of this defect under other defects , especially defect in violation of the law.