The legal implications of the presumption of legitimacy of the administrative decision (A comparative study between Egyptian and Jordanian law).

Document Type : Original Article

Author

Faculty of Law - Mansoura University

Abstract

Administrative decision plays a pivotal role in organizing public life, as it is the primary means relied upon by administration to manage public facilities and achieve the common good. Through administrative decisions, administrative authorities can modify or annul individuals' legal standings and manage community affairs in an efficient manner that responds to changing needs. The importance of these decisions is highlighted by their crucial role in organizing the relationship between the administration and individuals, as the administrative decision is directly related to individuals' rights, freedoms, and legal standings. For this reason, we find that administrative decisions are subject to legal and ethical principles that ensure the protection of individuals' rights. While the administrative decision plays a pivotal role in organizing the relationships between the administrative authority and citizens, it also relates to the rights and freedoms of individuals and their legal standings. Hence, there arises a necessity to achieve a delicate balance between the authority of the administration in exercising its powers and the protection of individual rights. This balance is embodied in the "presumption of validity of administrative decisions," which means that administrative decisions are presumed to be correct and lawful until proven otherwise, posing significant challenges for individuals when contesting these decisions.

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