تسبيب القرارات الإدارية في النظام الإداري السعودي في ضوء أحكام ديوان المظالم

Abstract EN

Causation of administrative decisions is an important guarantee for human rights, and there is no doubt that the causation or non-causation of the administrative decision has negative and positive sides for both parties.

Following is the main summary of the research: Causation in most Arab countries is not mandatory except when there is a text as is the case with the regulator in Saudi Arabia Causation must meet a set of conditions, including those that are due to the same decision, and those that are due to the elements of causation.

Causation removes suspicion from the source of the decision to harm or assist those whom the decision has been issued against.

Originally, the Department is not obliged to disclose the cause of its decisions except in two cases: 1.

The first is if the system obliges it to do so and it differs from the reason which is one of the pillars of the administrative decision.

2.

The second is if the administration committed itself on its own.

3.

That which contributes and assists in non-causation and unclear statements of causation is the use of general and vague terms 4.

This study shows that there are so many modern countries which take into account the principle of making decisions as a must, so it is considered as one of the constitutional principles that must be stipulated in constitutions.

In most of Arab countries this principle remains narrow in scope, as causes are based on a text.

The main objectives of this research include the following things: 1.

To identify the conception of causing administrative decisions and to distinguish them from the reason of administrative decisions, 2.

To identify restriction and limitations of the practice of causing administrative decisions in Saudi Administrative System, 3.

To clarify the attitude of the administrative judiciary represented by the board of grievances for some decisions of causing administrative decisions in the Saudi System, 4.

To highlight the attitude of the organizer in Saudi Arabia concerning of causing administrative decisions and comparing them with those applied in Egypt as a case in point.

The research can be summarized in the following points: 1.

Causation in most Arab countries is not compulsory unless it relies on a text, and this is what the organizer has followed in the Kingdom of Saudi Arabia.

2.

A compulsory reason must fulfill a set of conditions, some of which are based on the decision itself and the other based on the items of causes.

3.

The act of causation dissociates itself from the source of charge of suspicious decision so as not to harm or assist those undergoing such a decision.

4.

Administration is not obliged to disclose the reasons of its decisions except in two cases as follow: 5.

First if the system requires it to do so as it is different from the cause in which it is one of the principles of the administration decision; secondly, if the administration commits itself to perform its tasks.

6.

Clarity and the non-existence of vague and general phrases is the main condition to avoid causation.