الملخص الإنجليزي
Authorities have discretionary power when practicing some of its administrative functions.
However, in all cases, such power must be practiced within the limits and scope of the
Principle of Legality in a broad sense, which acts as fundamental security to ensure that all
State functions are subject to the Law, including the alignment of its decisions with the
General Principles of Law.
Under the General Principles of Law, the Proportionality Principle was established by the
Administrative Jurisdiction to ensure Authorities' decisions are aligned with the enormity and
seriousness of the causes by selecting the most appropriate, most necessary, and least
restrictive actions.
To achieve the Principle of Legality, the Administrative Judge, being the guardian of
individuals' rights and freedoms should observe the Authorities' decisions and procedures and
ensure they are commensurate with the seriousness of the causes and interests to be achieved.
Additionally, the Principle of Proportionality is widely used around the world, given its
significance. In fact, some States have stipulated it in their constitution and implemented
under their administrative regulations, to preserve public order while restricting individual
rights and freedoms. As such, the State is able to achieve a balance between protecting its
general interest and the rights of the individual.
The importance of this study revolves in dealing with modern trend of Administrative Judicial
oversight related to apply the Principle of Proportionality to the decisions taken by
Authorities, given the absence of previouse studies dealing with the Principle of
Proportionality in the Sultanate of Oman, whether by analyzing the topic, rooting it, or
comparing it with the comparative judiciary. So, results and recommendations of the study
will arise practicl benefits for Authorities to know the limits of thier discretion in restricting
the rights of individuals.
As for the methodology used in the study, it has taken the analytical and comparative
approach, which is based on analyzing the views of scholars, and defining the role of
legislation and Omani judiciary, German and European Union judiciary in applying and
devloping the Principle of Proportionality, due to the valuable status of Prnciple of
Proportionality shown by both jurisdictions.
