Cihan University-Erbil Scientific Journal a periodic multidisciplinary scientific journal issued by Cihan University- Erbil after auditing and revising by a specialized staff headed by the President of the university. The journal publishes original creative researches related to all fields of pure and applied sciences and humanities in Kurdish, Arabic and English.
Related Articles
Author: Mohammed Noori Ali
College of Law and International Relations, Cihan University-Erbil-Iraq
DOI:http://dx.doi.org/10.24086/cuesj.v2n1a7
Abstract
Reason is heartbeat of every decision. Every order must contain reasons in support of it. Speaking orders or reasoned decision is necessary if the judicial review is to be effective. The significance of the reasoned decisions as a check upon the arbitrary use of administrative power is straightforward. A party has a right to know the result of inquiry and the reasons in support of the decision. But the requirement that reasons be given does more than merely vindicate the right of the individual to know why a decision detrimental to him has been given. This is so because the obligation to give a reasoned decision is a substantial check upon the abuse of power. Speaking orders are necessary to make judicial review effective. A decision supported by reason is much less likely to rest on caprice or careless considerations. The giving of reasons convinces those subject to the decision that they are not arbitrary and ensures that they are not, in fact, arbitrary.
Keywords: Reasoned decision, Natural Justice, Administration, Discretion, Tribunals
List of References
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