Proportionality in Making Administrative Decisions in the Light of the Theory of Balancing Between Benefits & Harms, A Comparative Study))

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Zeina Samir Hashim

Abstract

When the administration issues an administrative decision, it is restricted to taking into account the relationship between the principle of proportionality and the pillars that make up the administrative decision. Known as (the theory of balancing benefits and harms), It is not enough for the validity of the administrative decision that the decision achieves a private interest only, but the administration must take into account the public interest that will be affected by its decision, otherwise its decisions will be subject to cancellation, as the administrative judge can address the search for proportionality in the administrative decision

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زينة سمير هاشم. (2023). Proportionality in Making Administrative Decisions in the Light of the Theory of Balancing Between Benefits & Harms, A Comparative Study)). MIsan Journal of Comparative Legal Studies, 1(9), 390–418. Retrieved from https://uomisan.edu.iq/law/mjcls/index.php/mjcls/article/view/284
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