Public Interest in Administrative Decisions: Interpretation and Applications of Discretionary Power

This study examines the administrative discretion in decision-making, its limits, and its impact on administrative justice. It seeks to analyze the role played by the executive authority in making discretionary decisions within the framework of administrative law. The study also presents the concept of administrative discretion as a power granted to the public administration to freely make decisions when the law does not specify fixed procedures or clear criteria. This allows the administration to assess the specific circumstances of each case and make flexible decisions that are consistent with the requirements of reality. However, this type of power raises numerous questions about the limits to which these powers should be subject to ensure they are not used unfairly or arbitrarily. The research also addresses the limits of administrative discretion and the need to establish legal restrictions to ensure that these decisions do not harm individual rights or lead to inequality or discrimination among citizens. Hence, the research presents some of the legal mechanisms that have been put in place to limit these powers, such as judicial oversight, which aims to ensure that administrative decisions are consistent with general legal principles and individual rights. The focus is on how to ensure administrative justice through this oversight, which contributes to achieving transparency and equality among individuals vis-à-vis the executive authority. Judicial oversight can detect deviations in decision-making and achieve justice for those harmed by arbitrary administrative decisions. The study also discusses the importance of transparency in the exercise of discretionary power. The administration must clarify the foundations and considerations upon which it bases its decisions, which enhances confidence in the administrative system and ensures fair treatment for all. It also presents the role administrative accountability plays in promoting justice by establishing mechanisms for holding administrative decisions accountable, including the possibility of reviewing decisions through legal or judicial channels. This contributes to reducing any corruption or abuse that may arise due to these powers. Through these analyses, the study aims to propose solutions to improve the application of administrative discretion while maintaining administrative justice by strengthening mechanisms for oversight and legal review of administrative decisions. It also recommends developing administrative practices to ensure improved transparency, equality, and the protection of individual rights when faced with decisions issued by government departments.