مشروعية القرارات الإدارية: دراسة في ضوء القانون

Abstract

The study discussed the legality of administrative decisions in the Republic of Yemen, and the problem of the study was to identify the legitimacy of administration decisions and their compliance with the law, as well as the feasibility of types of political, administrative and judicial control in achieving the legality of administrative decisions, and the study aimed to reveal the legality and its role in administrative decisions in its various substantive and procedural aspects, and to clarify them and explain it; In order to try to highlight the shortcomings contained therein and address them, finding out many appropriate recommendations that are capable of addressing the problem of the study. The study applied the analytical method, by describing the legal texts and analyzing them scientifically, and stating the findings which set out by the jurisprudence and ijtihad (diligence), and the study concluded with many results. The most important are the following: 1-The study showed that judicial oversight exceeded the law, and looked at defects that the legislator did not address, ignoring that the judiciary in Yemen is a unified judiciary therefore it must be committed to applying the law. 2-The study showed the employee's weak religious commitment, which led to the weakness of internal administrative control, as well as the existence of partisan and family ties between the boss and the employees. The study concluded with several recommendations, the most important of which are the following: 1-The study recommends that the judiciary consider the defects of the administrative decision as defined by the law, with the demand for the legislative authority to issue a law that allows the establishment of an independent administrative judiciary in order to meet the needs of society. The best evidence of the success of the dual administrative judiciary is the effective oversight carried out by the administrative courts in Sana'a and Aden. 2-The study recommends activating the penalty for violations discovered by the Central Organization for Control and Accountability in order to expedite the termination of violations.