السلطة التقديرية للإدارة في اتخاذ القرارات الإدارية

Abstract EN

Discretion of management is the most threads contentious debate among jurists, because of management's freedom to make decisions, which may sometimes collide with the rights and freedoms of individuals, but the legislature has created a guarantee judicial control over the decisions issued by the administration to protect those rights and freedoms and under the discretion enrollment important about being the primary goal of management in the exercise of discretion is to achieve the public interest, and only had its disposal tainted by defect is subject to the supervision of the judiciary and threatened cancellation, we have tried in our research to address the problem of the extent of judicial control over the discretion of the management, and the reason of this problem is a close link between discretion of management and the idea of appropriateness, it was necessary to explain the concept of discretionary management and comparing discretionary powers exercised by the public authorities, and what are the grounds for granting management of such freedom in appreciation, as it was necessary to clarify the judicial control scope of the administrative decisions issued by administration, if taken to those decisions, whether in exercise of the discretion or restricted, It is found that the administrative court in constant evolution with respect to control of the Department's work, as we pointed out to the development of Jordan's administrative judiciary system in this area and breadth of judicial control over the work of the Department-wide after the issued administrative Justice Act in 2014, and we hope for further developments beyond the limits of judicial review on legality of work of administration to control the idea of appropriateness in those decisions