Judicial Control of Proportionality in Administrative Justice - A Comparative Study

Abstract

This research focuses on the extent of judicial control over proportionality in administrative decisions, considering that administrative judiciary, in general, is a creative judiciary, based on the judge's discretion in examining the case files, even in the absence of explicit legal provisions that restrict and regulate its proceedings. This allows it to depart from the rule that states there is no crime or punishment without a legal provision, thereby opening the door for thorough examination of the merits of the case, which is based solely on challenging the legitimacy of the administrative decision. This provides space for the rights and freedoms guaranteed by laws and constitutional legislation to create a balance between the administration and individuals, serving as a barrier against any abuse by the administration in the pretext of implementing the law and regulations, without replacing it. Furthermore, it highlights the role of comparative jurisprudence in addressing the principle of proportionality and its significant and influential role in establishing this principle.