English abstract
As administrations are required to issue decisions upon their discretionary authorities, it is not very uncommon for those administrations to misuse the powers granted to them by law. This action is usually driven by the desire to fulfill personal interests, consequently deviating from the very purpose of administrative decisions; achieving public welfare.
Mişusing administrative powers is one of the major flaws in the administration system and, unfortunately, one of the most common. The seriousness of misusing administrative powers is mainly attributed to the fact that it is strongly connected to the public welfare. It is also one of the most complicated issues in terms of judicial Auditing as it is very difficult to provide evidence against it, which may lead to dismissal of the case In addition to that, public welfare is a very comprehensive and flexible term and is not easy to define it specifically. Therefore, persons with administrative powers usually utilize these factors, claiming that they are only exercising their rightful discretionary authorities granted to them by law.
This research aims to identify the nature and concept of "misusing administrative powers" and its relationship with discretionary authorities. The research is mainly based on the jurisprudence of Oman's Administrative Judicial Court in addition to observing few cases of misusing administrative powers in the Egyptian and the Jordanian Administrative Courts. This research aims to observe those cases, both theoretically and practically, in relation to the concept of State of Institution and Law; the concept that is concerned with administrative powers in terms of granting them, how they are to be used, their purposes, in addition to identifying mechanisms through which an administration is audited.
In an attempt to cover all aspects of this issue, I have started my research by defining the concept of misusing administrative powers and its relationship with the other elements that constitute the administrative decision, especially the purpose as it is the reason for deviation in the first place. I have also researched judicial Auditing on this deviation and identified how this deviation may be seen and how the Judge can take that into account. This can mainly be achieved through observing the purpose of the decision that is usually covered and hidden behind public interest. The research also includes the rights of individuals harmed by the administration that misuses its powers including annulment and compensation.
This research concludes with the following reasons for misusing administrative powers:
1. Lack of supervision on administrative decisions implementation within the authority itself in addition prosecution against persons misusing their powers.
and their to lack of 2. Unprofessionalism among some persons with powerful positions and lack of awareness on importance of achieving public welfare. 3. Fear among employees who are harmed by their administrations misusing powers as these employees are reluctant to prosecute their own superiors. This passive reaction is usually caused by their fear of any disciplinarian actions that might be taken against them and therefore they prefer to turn on a blind eye on their superiors' violations.
In conclusion, administrations must be bound to laws and legislations that protect the rights of individuals along with implementing judicial Auditing. This research includes recommendations that aim to prevent the misuse of administrative powers.
