Defect of Lack of Jurisdiction in Administrative Decision: An Applied Study on Omani Administrative Judiciary 10.35781/1637-000-101-005

Abstract

The administrative apparatus of the state is governed by the rules of jurisdiction regulated by effective laws and the prevailing regulations. If the administration issues a certain administrative decision without having the jurisdiction to issue it, it is vitiated by the defect of lack of jurisdiction, which makes it subject to judicial review before the Omani administrative judiciary. This prompts us to question: What is the relationship between the element of jurisdiction and discretionary authority, and whether the administration enjoys any discretionary authority in the field of jurisdiction or not? The researchers relied on descriptive and analytical methodologies in discussing the legal texts that organize the element of jurisdiction, utilizing the analytical method to analyze these texts and review the stance of jurisprudence and administrative judiciary on the established boundaries of this authority. The results of the research showed that the Omani judiciary considers jurisdictional rules as part of public order and allows for the plea of lack of jurisdiction at any stage of the annulment lawsuit. However, it has been established that it is possible to correct the defective administrative decision by issuing an amended law and erasing its effects retroactively.