The Legal Connection between the Discretionary Power of the Administration and the Principle of Proportionality in the Administrative Decision

Abstract

The content of this study includes a search for Legal aspects of the interdependence between the
discretionary power of public administration with principles that are not negated of the interest of
judges and legal scholars and that is the principle of proportionality. First, the concept of the
discretionary authority of administration is addressed, and then the nature of the principle of
proportionality. Thus, it is very necessary to clarify these legal concepts and their developments as a
basic criterion for the research itself. Particularly, attention has been given to those concepts in
various fields and their connections with each other. On the one hand, the importance of the principle
of proportionality with the idea of good governance and the rule of law precedes all the legal
principles that the administrative judges apply to the presented facts. And on the other hand, this
principle is included in the merits of the precise and deep competence of the administrative judge as
it is derived from the principle of appropriateness. Further, the application by the judge inevitably
requires more accuracy and deliberation with sufficient awareness of the facts and circumstances of
the incident before him. In brief, the principle of proportionality is derived out of the principle of
appropriateness. Finally, the legal basis for the association of discretionary power with this principle
was addressed, and the correct and realistic opinion in this regard was given careful consideration
accordingly.