The Peculiarity of the Form in the Administrative Decision: A Comparative Study

Abstract

The Public Administration Assumes The Management of The Affairs of The State And The Conduct of Its Affairs With The Powers And Privileges Granted To It By The Legislator In order To Achieve The Public Interest، And The Most Dangerous of These Privileges Is Its Right To Issue Decisions That Are Binding on Their Individual Will، And Therefore Individuals Find Themselves With A Refusal To Confront Them Without Facing Their opinion on It، And Since This Inner Will of The Administration Should Appear In An External Appearance Until The Individuals Concerned With Its Implementation Know About It And This Appearance Is What Is Called The "Administrative Decision Form" So It Is Considered A Guarantee For Individuals Because Debriefed Note Determined By The Administration Towards Them.

      The Importance of The Corner of The Form Emerges In Its Privacy Because It organizes And Controls The Work of The Administration In A Specific، Accurate And Legal Form، Which Entails Ensuring The Legitimacy of The Decision Issued By The Administration، Because The Administration’s Commitment To It Leads To The Achievement of The Public Interest Because It Shows An External Manifestation of The Will of The Administration.       And The Defect of The Form In The Administrative Decision Is one of The Reasons For Challenging It With Cancellation Because It Sets Forth A Basic Pillar of The Administrative Decision That Cannot Be Rectified Without It، Because The Administration Is obligated To Empty Its Will In The Form Determined By The Law And The Administrative Judiciary Has The Power To Cancel The Defective Form.