Judicial Control on Administration Deviation within Administrative Decisions: The Case of UAE

Authors

  • Faisal Abed Alhafaz Alshawabkeh Associate professor of law, College of Law , Al Ain University –UAE. Author
  • Faisal Abed Alhafaz Alshawabkeh Associate professor of law, College of Law , Al Ain University –UAE. Author
  • Abdulla Abdul Rahman Alteneji MA, Public law, College of Law, Al Ain University –UAE. Author

DOI:

https://doi.org/10.61841/28g9xs05

Keywords:

Judicial Control, Rights and Freedom, intentional defect, Administration power, Discretionary power,, Deviation

Abstract

Judicial control is an effective means to protect individual’s rights and freedom from the iniquity and arbitrariness of administration power. The present study has addressed the subject matter of judicial control on administration deviation within administrative decisions in United Arabs Emirates (UAE). This study has been divided into three themes where in the first theme the concept of deviation of power is addressed. While, the second theme has addressed the cases of deviation of power and the third theme illustrated how to substantiate administration deviation with power. The study concluded that the concept deviation of power is a hidden defect strongly connected with psychological intents of the administrative decision maker. Therefore, it among the most difficult to prove by an administrative judge. The study finally provided certain recommendations.

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References

First: Books of law

Abdul Aziz Abdul Moneam Khalifa, Jurisdiction of Nullification, Dar Alkitab Alhadeeth, Cairo, (2008).

Abdul Ghani Basyouni Administration Jurisdiction – Causes of Nullification, Monshaat Almaaref, Alexandria, (2006). Ahmed Odah Alghowairi, Jurisdiction of Nullification in Jordan, Althaqafa Publication House, Amman, (1998).

Aldaidamoni Mostafa, Procedures and Forms in Administrative Resolution, General Book Organization, (1994). Ataa Bin Awf: Judicial Control over Administration Activities, Dar Aloloum Publication, Alkhartoum, (1993).

Faisal Abdul Hafiz Alshawabkeh, Graduation of Nullifying administrative resolution on the light of the latest judiciary jurisprudence in United Arab Emirates – comparative study, Dar Alhafiz Publication, Dubai, (2016).

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50 Dr. Faisal Abdul Hafiz Alshawabkeh, Graduation of Nullifying administrative resolution on the light of the latest judiciary jurisprudence in United Arab Emirates – comparative study, Op. cit. P 143.

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Second: Scientific Circulars

Ahmed Hafiz Najm, Administration Discretionary Power and Law-Suits of Deviation with Power, Administrative Science Magazine, Second Vol., (December, 1983).

Salim Salam Hatamleh, Jurisdiction Control over the Principle of Commensurability between Disciplinary Punishment and Administrative Violation, Jerash Magazine for Researches and Studies, Jordan, Vol. 10, Edition 2, (June, 2006).

Adel Altabtabaei, Jurisdiction Control over the Principle of Commensurability between Disciplinary Punishment and Administrative Violation, Magazine of Rights, Vol. 6, Edition 3, (September, 1998).

Faisal Abdul Hafiz Alshawabkeh et al., Control of Jordanian Supreme Court of Justice over Administration Power in Discretion, tenth edition, (January, 2014).

Third: Legislations and Judicial Judgments

Set of judgments, Emirates Supreme Federal Court

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Published

30.11.2020

How to Cite

Alshawabkeh, F. A. A., Alshawabkeh, F. A. A., & Alteneji, A. A. R. (2020). Judicial Control on Administration Deviation within Administrative Decisions: The Case of UAE. International Journal of Psychosocial Rehabilitation, 24(9), 1468-1477. https://doi.org/10.61841/28g9xs05