The Extent of Yemeni Judicial Supervision of the Cause of the Administrative Decision

Abstract

  This study aimed to identify the extent of Yemeni judicial supervision of the cause of the administrative decision، specifically in terms of verifying that this cause is based on existing material facts، ensuring the correctness of the legal characterization of those facts and whether these facts are appropriate to the administrative decision. The study adopted a descriptive-analytical approach and revealed several findings، the most important of which was that the Yemeni judiciary extends its supervision to verify the existence of the cause in the administrative decision، both in terms of the existence of the facts and the correctness of the legal characterization of the facts، in cases of discretionary or restricted administrative authority. However، this supervision does not extend to the appropriateness of the decision to the facts، although it has implicitly exercised supervision of the appropriateness of the decision in some cases without acknowledging that this supervision is focused on the appropriateness of the facts to the decision. The study also reached several recommendations، the most prominent of which was that the Yemeni judiciary should extend its supervision to the appropriateness of the facts to the decision if the appropriateness necessitates the legality of the administrative decision، so that its supervision is not limited to the traditional supervision of the cause for the administrative decision.