Reasoning of Administrative decisions as a safeguard for the protection of individuals' rights

Abstract

Administration is one of the essential instruments relied upon by the state in organizing its affairs, representing the practical manifestation carries out its activities through administrative decisions that enjoy a presumption of legality, meaning they are assumed to have been issued correctly, in conformity with the law, and aimed at achieving the public interest. However, this does not preclude the possibility of the administration abusing its authority in a manner that may infringe upon individuals rights and freedoms, whether under the pretext of maintaining public order, ensuring the regular and continuous functioning of public services, services, or other justifications. The principle of stating the reasons for administrative decisions( reasoned decisions) constitutes a fundamental safeguard for the within of individuals rights within the legal system. It requires the administration to disclose the factual and legal grounds upon which its decisions are based, thereby enabling an understanding of the content of the administrating the verification of its validity and legality. This principle also contributes to protecting rights and freedoms against arbitrary use of power by the administration. While some legal systems adopt the principle of reasoning on a discretionary basis{ unless explicitly required by law{ there exists a category of administrative decision that must be reasoned as a matter of obligation. Failure to do so renders such decisions defective due to procedural and formal irregularities, particularly those decisions that directly affect individuals' rights and freedoms .