Judicial oversight of the administration's discretionary power

Saeed, Iqbal Naji

doi:10.37651/aujlps.2025.166393.1655

	Judicial oversight of the administration's discretionary power
Journal of Anbar University for Law and Political Sciences
Article 8, Volume 15, Issue: 2 part 2, December 2025, Pages 172-196 PDF (806.21 K)
Document Type: Research Paper
DOI: 10.37651/aujlps.2025.166393.1655
Author
Iqbal Naji Saeed^*
University of Technology/Faculty of Mechanical Engineering
Abstract
The discretionary authority granted to the administration is meant to enable it to fulfill its duties, especially in cases where no specific law or regulation exists, or where the law grants it broad powers to take administrative and legal actions. This authority is of particular importance in allowing the administration to respond effectively to various situations, whether ordinary or exceptional, in the course of its responsibilities. However, this authority may sometimes give rise to practices that deviate from the law, undermine the public interest, or open the door to misuse for personal gain, arbitrariness, or abuse of power. To address this concern, the question arises regarding the necessity and effectiveness of judicial oversight over administrative activities, including all types of administrative acts, as judicial scrutiny provides the strongest safeguard. Such oversight should extend beyond the formal boundaries of administrative law, since the judiciary has increasingly sought to strike a balance between ensuring the protection of individual rights and freedoms on the one hand, and subjecting administrative decisions to review on the other—ultimately annulling decisions that conflict with the rule of law or that rest on a flawed exercise of discretion.
Keywords
judicial oversight; administrative discretion; judiciary

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