The concept of partial annulment of an administrative decision

Abstract

Abstract: Since the administration is not infallible in the course of its activities, it may resort to correcting some of its actions by partially revoking some of its decisions. An administrative decision is a legal act; therefore, its subject matter must be consistent and in harmony with the rules of law. Given that the establishment and management of public utilities are subject to three principles—the principle of the regular and continuous operation of the public utility, the principle of the public utility's adaptability and development, and the principle of equality among beneficiaries—the means by which the administration manages these utilities, namely administrative decisions, must be adaptable and evolving in accordance with the changes occurring in the public utilities and in a manner that serves the public interest. Furthermore, the administration's authority to issue administrative decisions is not absolute but is limited by the necessity of not violating the principle of legality. This principle means adherence to the law. The administration may not take any action unless it conforms to the provisions of the law. If an administrative decision is issued and it becomes clear that it violates the law in part, it is considered illegitimate and must be revoked. In order to remove the taint of illegitimacy that has afflicted it, and thus preserve it from total annulment, it is necessary The administration has the power to cancel the administrative decision, as canceling the administrative decision is one of the important and effective legal means available to the administration to maintain the principle of legality and achieve the public interest. It aims to purify the decision from the blemish of illegality.