TY - JOUR
T1 - Judicial Control Over Negative Administrative Decisions in the Saudi Legal System
AU - Alanzi, Awad Ali
N1 - Publisher Copyright:
© 2022 Awad Ali Alanzi. This is an open access article licensed under the Creative Commons Attribution-NonCommercial 4.0 International License.
PY - 2022/11
Y1 - 2022/11
N2 - In this study, we discuss the negative decision concept as the legal characterization approved by the Law for Administration's abstention or refusal to issue a decision, which is obligated to give in accordance with the laws and regulations. The study aims to determine the possibility of challenging its negative position and re-coursing if the Administrative Authority fails to perform its duty or Circumvent Law in a manner that prejudices individuals’ interests. We have clarified that every silence or abstention from Administration is not a negative decision. Rather, it is required that the Authority of Administration should be restricted upon its silence or refrain from doing as per legal requirements. Further, the negative administrative decision is a legal characterization that is not embodied in a material form, and its issuance is not subject to formal and statutory rules established for issuing explicit decisions. Therefore, it does not need to be announced to be effective in facing individuals. It is also characterized by several characteristics that distinguish it from other decisions. For example, a negative decision of the Administration may be appealed by an annulment suit after the grievance to the Administrative Authority and fulfilling the annulment lawsuit conditions. In addition, compensation for a negative decision could be obtained through a compensation claim if the damage results from Administration's failure to perform its legal duty.
AB - In this study, we discuss the negative decision concept as the legal characterization approved by the Law for Administration's abstention or refusal to issue a decision, which is obligated to give in accordance with the laws and regulations. The study aims to determine the possibility of challenging its negative position and re-coursing if the Administrative Authority fails to perform its duty or Circumvent Law in a manner that prejudices individuals’ interests. We have clarified that every silence or abstention from Administration is not a negative decision. Rather, it is required that the Authority of Administration should be restricted upon its silence or refrain from doing as per legal requirements. Further, the negative administrative decision is a legal characterization that is not embodied in a material form, and its issuance is not subject to formal and statutory rules established for issuing explicit decisions. Therefore, it does not need to be announced to be effective in facing individuals. It is also characterized by several characteristics that distinguish it from other decisions. For example, a negative decision of the Administration may be appealed by an annulment suit after the grievance to the Administrative Authority and fulfilling the annulment lawsuit conditions. In addition, compensation for a negative decision could be obtained through a compensation claim if the damage results from Administration's failure to perform its legal duty.
KW - Administrative Authority
KW - Principle of legality
KW - administrative decision
KW - annulment suit
KW - negative decision
UR - https://www.scopus.com/pages/publications/85142327583
U2 - 10.36941/ajis-2022-0146
DO - 10.36941/ajis-2022-0146
M3 - Article
AN - SCOPUS:85142327583
SN - 2281-3993
VL - 11
SP - 26
EP - 36
JO - Academic Journal of Interdisciplinary Studies
JF - Academic Journal of Interdisciplinary Studies
IS - 6
ER -