The Responsibility of The Administration for Compensating Its Illegal Decisions: A Comparative and Analytical Study

Abstract

The administration follow a broad rule of legality in all of its acts. However, if there are no legitimate mechanisms for citizens to oversee the government as it fulfills its tasks, this subordination will remain a theoretical concern. It is possible that the administration actions will hurt others in practice. Its need to compensate the affected by offering him a kind of compensation in exchange for the damage stems from its responsibility for the action. In other words, the activity of public persons may generate a right for the affected person to resort to it consensually, otherwise, in court, he will demand fair and appropriate compensation for the damages he sustained. The judiciary then investigates the public authority activities. If it determines that there is something improper with this action, it will hold responsible by awarding him the compensation required to make up for the damage. Administrative responsibility attempts to restore the economic balance between the person and the government for the damage he has experienced as a result of the latter's actions.