Abuse of power as a ground for challenging an administrative decision by annulment

Abstract

The research aims to highlight the danger of ignorance regarding the defect of abuse of power as a basis for challenging an administrative decision by annulment, and the importance of being aware of all its details and legal justifications. The researcher adopted a simplified definition of this defect, which is (the administration changing the course set for it by the legislator when issuing administrative decisions, whether in good faith or bad faith, and whether to reach legitimate or illegitimate goals). The researcher adopted the descriptive analytical method, where he addressed, with explanation and clarification, the legal texts, the rulings of the Libyan Supreme Court, and what the scholars of administrative law have produced in this field. The researcher reached an important conclusion, which is that the defect of abuse of power is a hidden defect that is difficult to prove, which lies in the person issuing the decision, which requires the rapid intervention of the legislator to tighten control and hold the administrator accountable civilly, disciplinaryly, and even criminally when he issues the decision that is tainted by this defect. It also requires his intervention to address the defect and close this gap in the system of justice from which many decisions tainted by this defect escape on the pretext that the plaintiff did not prove his claim.                                                             

  Keywords: Definition of abuse of power, oversight of administrative actions, lawsuit to annul an administrative decision, grounds for appealing an administrative decision, proving abuse of power .