رقابة القضاء على سلطة الإدارة التقديرية في فلسطين دراسة مقارنة
مراد شبلي محمود دودين
Murad Shible Mahmoud Doudin
The discretion authority it its public concept is considered to be one of the most controversial issues that cause debate currently. Especially that it grants the administration full freedom in issuing its decisions in accordance with the circumstances that surround it, particularly as the legislator cannot predict or be fully aware of all circumstances that may arise. Which, in turn, wastes the individuals' rights and freedom now that have become restricted by the desires of the administration. This authority, though ostensibly, is considered an undeniable privilege for the administration to behave in complete freedom in accordance with the status quo, it is in turn considered getting away from the principle of legitimacy. This means the necessity for the governors and the governed to be subjected to the law. However, with the rise of modern legislative principles of the administrative jurisdiction especially the principle of legitimacy referred to above, this privilege is no longer understood and applied from its outward side only. But it has become a device only to insure the administration is doing its tasks in the best way needed in accordance with the public interest of the state and which goes with the spirit of the legislative principle. In addition to that, this privilege no longer appears except in the absence of a legal texts that restricts its tasks. However, the absence of this legal text doesn’t mean that the administration unleashes and issues decisions however it wants, as the existence of judicial monitoring on the tasks of the administration is compensated by the absence of the legal text. Even if these tasks are issued according to discretion management authority. This monitoring has gone even further than that as it no longer monitors the tasks of the administration from their legal aspects, but has started to monitor how suitable the administrative decisions as well.Especially that the judicial monitoring is considered to be the scale which joins the interests of the administration and the individuals alike. On one hand, it seeks to enable the administration to take full control and facilitate doing its tasks which are basically achieving the public interest. On the other hand, it seeks to preserve the rights of individuals from the tyranny and oppression of the administration.Through this study, a number of questions has been laid fourth about what the principle of legitimacy is about and the necessity to abide by it. As well as what is meant by the judicial monitoring on the principle of legitimacy and the specialized side. Starting to specify the concept of discretion authority and what makes it different from the restrictive authority and the judicial monitoring on them both.And I have worked on enriching this study by a number of decision stipulated by the Palestinian supreme court of justice concerning with its monitoring on the principle of legitimacy and the power of discretion management authority. I concluded this study with a conclusion that includes a number of results and recommendations that I have reached through this study.And I have reached a substantial conclusion which shows the existence of a gradual monitoring jurisdiction by the Palestinian supreme court of justice on the discretion management authority in Palestine.