Citizens’ right to seek judicial review of administrative acts and its impact on governance reforms

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Abstract

This article analyses the right to judicial review of administrative acts and its impact on governance reforms as a result of the procedure conducted by a respective court. The article also evaluates and finds that examination of administrative acts by competent court strengths the rule of law and governance efficiency as a mechanism to guarantee the application of the principle of legality that requires that public authorities should act within a legal boundary and reasonable time to respect the citizen’s rights. Data analysis assumes on descriptive approach, an examination of the current legal framework governing the system, reports on the functioning of the oversight mechanism, empirical analyses of the topic, processed cases of administrative justice, and other published work. Administrative justice is not limited to the guarantee of citizens’ rights. Its justification also lies in the necessity to defend the public interest and to guarantee a balance between individual rights and the general interest (Woehrling, 2006). This study is of great significance and aims to contribute to the perceptive of judicial review proceedings as a narrow approach for the promotion of good administration and furthermore effective reforms. This study concludes that the administrative judiciary is one of the basic mechanisms that correct the illegal actions of the administrative bodies, prevents arbitrariness, and impact the governance reforms towards increasing efficiency, accountability, and transparency.

Keywords: Judicial Review, Governance, Administrative Acts, Efficiency, Protection of Citizens, Good Governance

Authors’ individual contribution: Conceptualization — M.B. and I.P.; Methodology — M.B. and I.P.; Writing — Original Draft — M.B. and I.P.; Writing — Review & Editing — M.B. and I.P.; Supervision — M.B. and I.P.

Declaration of conflicting interests: The Authors declare that there is no conflict of interest.

JEL Classification: K1, K4, K20, K30, K40

Received: 20.12.2021
Accepted: 05.04.2022
Published online: 06.04.2022

How to cite this paper: Batalli, M., & Pepaj, I. (2022). Citizens’ right to seek judicial review of administrative acts and its impact on governance reforms. Corporate Governance and Organizational Behavior Review, 6(2), 85–94. https://doi.org/10.22495/cgobrv6i2p8