The Burden of Proof for The Legitimacy of the Administrative Decision According to the Provisions of the Judicial System

Abstract

This study addresses the proof burden for the legitimacy of the administrative decision according to the provisions of the judicial system. The administrative decision, in itself, is considered among the important topics that the administration employs to give instructions and orders.

            The administrative decisions issued by the management staff and directed towards individuals give the administration its power, as it has dominance over important documents. Also, the decisions are made based on realistic and legal causes regardless of their legitimacy. However, they could be made in an opposing way to the individuals' desires, and thus, those individuals resort to the judicial system. Since an individual is usually the plaintiff's party, then he has to bring the proof evidence.

This study aims to demonstrate the concept of proof and the attitude of jurisprudence concerning the general rule of proof, stating that the plaintiff should provide evidence. This context urged the researcher to investigate the evidence related to the validity of administrative decisions to illustrate the judge's authority to force the administration party to explain the causes of making a particular decision by addressing and reviewing several judicial provisions.

The study concludes with some results, including that proof is viewed as one of the most important topics that are addressed in normal and administrative judicial system. The results showed that the administrative judge has the right to convert the rule of proof burden in favor of the less advantaged party.

The researcher recommends urging the legislator and the judicial system to force the administration party to give causes to all its decisions and to reduce the expectation levels about the validity of the assumed administrative decisions. Also, in order to achieve the principle of justice and balance between the two parties of the administrative lawsuit, the administration party should provide the required documents.