Judicial oversight of administrative decisions in light of the principles of legality and protection of fundamental rights

Abstract

Abstract

This research aims to examine judicial oversight of administrative decisions in light of the principles of legality and the protection of fundamental rights, considering it one of the most important legal mechanisms to ensure compliance with the law and safeguard individual rights from administrative violations. The study addresses the concept of judicial oversight, its types, and general principles, with particular emphasis on the relationship between legality and the protection of fundamental rights. It also explores the sources of the principle of legality, its components, and the consequences of its violation on administrative decisions. Additionally, it examines mechanisms for protecting fundamental rights before the administrative judiciary and analyzes a selection of judicial rulings, highlighting the practical application of these principles to achieve justice and equality. Furthermore, the research provides a comparative analysis of different legal systems regarding judicial oversight, highlighting the similarities and differences in protecting fundamental rights, and discusses challenges faced by administrative courts in exercising oversight over executive authority. The study proposes recommendations and solutions to enhance the effectiveness of judicial oversight, such as improving the efficiency of administrative judges, clarifying legal texts, and developing internal and external monitoring mechanisms over administrative decisions. The research concludes that judicial oversight is a fundamental guarantee for achieving justice, controlling administrative authority, and protecting individuals’ fundamental rights. Its development depends on the clarity of legal provisions and the efficiency of administrative courts in their application. Moreover, the study emphasizes that safeguarding fundamental rights is not merely a legal obligation but a core component of promoting democracy and the rule of law in society.