The Effect of the Defect of Cause on the Legitimacy of Administrative Decisions – A Study in Light of Libyan Administrative Judiciary Rulings

Abstract

The concept of the “element of cause” in an administrative decision refers to the factual and legal justification and is one of the pillars upon which the legality of the administrative decision rests. Such a decision—which creates, amends, or revokes legal statuses—is subject to a set of legal conditions and controls that ensure its validity and legal legitimacy. For this element to be valid, it must comply with these conditions, given that the administration’s authority in this regard is sometimes discretionary and at other times restricted—specifically when the law requires it to state the reasons for its administrative decision directly and explicitly. This highlights the fundamental difference between the “reason”—which is a substantive element of the administrative decision—and the “statement of reasons”—which is a procedural requirement for the validity of the decision. Based on this, the administrative judiciary exercises its oversight over the element of reason, beginning with the factual basis of the facts, proceeding to their legal characterization, and extending to the review of proportionality and appropriateness regarding the element of reason—in which the judiciary has the authority to annul an administrative decision in its entirety if it is defective in its reasoning. The outcome of such a decision is annulment once a defect in the reasoning is established, the burden of proof for which rests with the appellant using all specified legal means, given that an administrative decision is presumed to be lawful, which assumes it is based on valid grounds upon its issuance unless the appellant proves otherwise; and since a defect in the grounds does not fall within the category of defects relating to public order—which prevents the administrative judge from raising it on their own initiative—their consideration depends on an explicit plea or request from the parties.