ضوابط السلطة التقديرية للأدارة

Abstract

States carry out multiple tasks in order to provide the basic necessities for society, and their role has expanded to enter fields that they had not previously entered, and this is clearly evident when comparing the tasks undertaken by the state before and after World War II, and therefore its role was not limited to the traditional functions of preserving On internal and external security, the protection of public order, and the application of the law between the litigants before the judiciary only, but also included the economic, commercial, and industrial fields, and its management is no longer confined to service facilities, but has exceeded it to many other facilities, and in order to manage these facilities with efficiency and ability that enables them to accomplish the requirements of the public utility Achieving the goals envisioned for its establishment requires a number of means that enable it to do so, and one of the most important of these means is to grant it a wide authority through which it can estimate what is appropriate from the disposals that should be issued by it, which is what is termed in administrative law by the discretionary power of management in exchange for power Restricted, when the administration is facing a specific incident, whether that incident is material or legal, and it is supposed to take a decision regarding it, it must know whether it has a restricted or discretionary authority in order for its decision to be issued according to that authority, and here a question arises that how the administration can discriminate when it is facing An incident and you intend to act on it, does it have discretion or is it restricted? This is on the one hand, and on the other hand, if the administration has a discretionary power, what is the scope of this authority? This is what we will try to answer in our research through two sections, one of which we devoted to the criteria for distinguishing the discretionary power of management, and the other we review the scope of this authority, and we will precede them by defining the discretionary power of management.