Abstract
This research explains judicial control as a form of governance in the face of arbitrary administrative decisions — the UAE is an example (Zwart, 2016). The aim of the study is to demonstrate how judicial control can contribute to achieving good governance of the administrative decisions in the absence of the legislative provisions related to the causes of cancellation of an administrative decision. The data were sourced from relevant books, journals, official texts, and courts decisions. The data obtained was analysed through descriptive and analytic methods. This paper is divided into three themes. The first tackles the incidents of abuse of power. The second demonstrates the ways in which abuses of power can be proved, and the third discusses the correlation between judicial control and good governance. The study found that the abuse of power is related to the discretionary power of the administration and that it is a latent defect related to the psychological intentions of the decision-maker and is difficult to prove, also that the administrative jurisdiction plays an important role in promoting the good governance. The study concluded that it is important for the UAE legislator to issue a law regulating the action for the annulment of administrative decisions.
Highlights
Some have defined the abuse of power as “the use of a particular power by an administrative body, in order to achieve a goal other than the goal for which this power is granted thereto by law” (Fodah, 2010, p. 174)
The administrative decision that is tainted with the defect of abuse of power is a valid decision in terms of form, procedure, jurisdiction, subject matter, and cause, which makes it difficult for the plaintiff or for the administrative judge to prove this defect
For the government institutions to play their role to the fullest, these institutions have to implement good governance components in their day-to-day work (Cobbe, 2019), especially their administrative decisions, given that governance is a system of control and guidance at the institutional level (Spanou, 2020)
Summary
Some have defined the abuse of power as “the use of a particular power by an administrative body, in order to achieve a goal other than the goal for which this power is granted thereto by law” (Fodah, 2010, p. 174). In order to achieve the governance of the administrative decision, the administrative judge can ask the administration to explain the factual and legal causes that led the administration to issue its decision. This implies promoting the concept of good governance, which is a prerequisite for ensuring the development of the government sector and the making of rational decisions that respect justice and guarantee the rights and freedoms of individuals dealing with government administrations (Addink, 2019). For the government institutions to play their role to the fullest, these institutions have to implement good governance components in their day-to-day work (Cobbe, 2019), especially their administrative decisions, given that governance is a system of control and guidance at the institutional level (Spanou, 2020)
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