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LEGAL ADJUSTMENT OF ADMINISTRATION'S SILENCE UNDER ITS DISCRETION ( A COMPARATIVE STUDY) | ||
| Journal of college of Law for Legal and Political Sciences | ||
| Article 2, Volume 8, issue 31 part 1, 2019, Pages 38-71 PDF (642.42 K) | ||
| Author | ||
| Hassan .M. Al-Banan | ||
| Abstract | ||
| The rule is that the administration should be free to make its decisions according to the forms available, unless the law requires to follow a certain form. Therefore, it can explicitly or implicitly disclose its will. The latter reveals the administration's silence towards some requests of individuals or not carrying out some of its tasks entrusted to it by law. The administration's refuge behind the fence of silence leads to the harm of individuals and affects their freedoms of litigation. Thus, the legislator has made the administrative decision as the nature of the administration's silence which may be negative or implicit, but the negative decision resulted from the administration's silence must be within its restrictive specialization without discretionary authority, Thus, the discretionarg decisions have jumped out of the Administ rative judiciarg's censorship, and that requires a legislative intervention | ||
| Keywords | ||
| LEGAL ADJUSTMENT; ADMINISTRATION'S SILENCE; ITS DISCRETION | ||
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