Administrative Oversight of the Administration's Authority To Issue Administrative Decisions - A Comparative Study

Oversight of administrative work is one of the most important means of determining the legal rules for regulating administrative work, to maintain the principle of legitimacy to which individuals are subject, just as the administration is subject. However, the administration is characterized by broad powers granted by law, such as discretionary power and exceptional circumstances. These two theories are among the most important theories that mitigate the severity of the principle of legitimacy. From the foregoing, we find that the administration operates in a balance between its broad powers under the law and its adherence to the principle of legitimacy, which aims to guarantee the rights and freedoms of individuals who interact with the administration through its work in managing public facilities that provide public services to beneficiaries from the general public. Here, the important role of oversight bodies over administrative work emerges, achieving the principle of harmony between the exceptional powers granted to the administration by law and the administration's submission to legitimacy through respect for the systems and laws that regulate the work of all. Oversight of administrative workers is exercised through external oversight represented by state oversight bodies outside the administrative system, or through federal oversight bodies that possess these oversight powers by virtue of constitutions or laws, or from During the administration's self-control of its work.

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Publication Details

Journal
AL-Qadisiya Journal For Law and Political Sciences
Published
2025-09-01
DOI
https://doi.org/10.63677/jqlap.2025.189983
Primary Topic
Indonesian Legal and Regulatory Studies
Type
article
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article

Administrative Oversight of the Administration's Authority To Issue Administrative Decisions - A Comparative Study

Nashat Al-Radam
AL-Qadisiya Journal For Law and Political Sciences
Indonesian Legal and Regulatory Studies
article

Administrative Oversight of the Administration's Authority To Issue Administrative Decisions - A Comparative Study

Nashat Al-Radam
article en

Abstract

Oversight of administrative work is one of the most important means of determining the legal rules for regulating administrative work, to maintain the principle of legitimacy to which individuals are subject, just as the administration is subject. However, the administration is characterized by broad powers granted by law, such as discretionary power and exceptional circumstances. These two theories are among the most important theories that mitigate the severity of the principle of legitimacy. From the foregoing, we find that the administration operates in a balance between its broad powers under the law and its adherence to the principle of legitimacy, which aims to guarantee the rights and freedoms of individuals who interact with the administration through its work in managing public facilities that provide public services to beneficiaries from the general public. Here, the important role of oversight bodies over administrative work emerges, achieving the principle of harmony between the exceptional powers granted to the administration by law and the administration's submission to legitimacy through respect for the systems and laws that regulate the work of all. Oversight of administrative workers is exercised through external oversight represented by state oversight bodies outside the administrative system, or through federal oversight bodies that possess these oversight powers by virtue of constitutions or laws, or from During the administration's self-control of its work.

AL-Qadisiya Journal For Law and Political SciencesVol. 16(Issue: 2 part 1)
University of Al-Qadisiyah (IQ)
Peace, Justice and strong institutions
Openalex Percentile: Top 7%
Indonesian Legal and Regulatory Studies
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