Administration Refraining from Implementing Judicial Rulings that Vacate its Administrative Decisions in the Saudi Legal System

Abstract

Administration plays a key role in the field of implementing judicial rulings that are issued to cancel its administrative decisions and is directly responsible for them as one of the parties to the dispute. However, the process of implementing these provisions may encounter difficulties caused by the fact that the administration is the same executive authority that has the authority to implement the ruling or not. In practice, we find that there is inflexibility on the administration side to refrain from implementing judicial rulings in whole or in part. Therefore, the problem of executing the administrative judiciary's rulings by cancellation arose, and it became the obsession that haunts individuals who only need to wait until the administration cracks down on the judiciary's ruling and its implementation. The failure to implement judicial rulings on the part of the administration represents a serious breach of the separation of powers principle. In addition, the principle of judicial independence and the respect for its provisions and their implementation has become an essential condition in any democratic system. However, the failure to implement rulings by the administration, in whole or in part, is considered a detraction from the power of the judicial rulings and a prejudice to the independence of the judiciary. Therefore, this study aims to search for ways that lead to obligating the administration to implement administrative judicial rulings and to suggest recommendations that could help in solving this problem.