The Theory of Necessity and Exceptional Circumstances as an Exception to Void and Null Administrative Decisions

Abstract

The theory of exceptional circumstances is one of the important and complex theories in contemporary administrative thought, and this theory finds its basis in Islamic Sharia before being recognized by positive laws, where the fundamental pillar of Islamic Sharia is justice, fairness, and the protection of rights. This study aims to answer the extent to which administrative decisions issued during exceptional circumstances are legitimate. The study concluded that administrative actions under the theory of exceptional necessity and according to its conditions do not constitute a demolition of the principle of legality or a violation of the system, regardless of the severity of the violation. Instead, it is an action that serves the public interest and preserves the constitution and entity of the state. The study also recommended that administrative bodies must prove the existence of genuine and documented exceptional circumstances justifying the application of the necessity theory, avoiding its use without convincing reasons, and applying it with wisdom and caution.