Judicial Control over the Reason For Taking Administrative Control decisions In Exceptional Circumstances -A Comparative Study-

Administrative control measures and decisions taken during exceptional circumstances to preserve public order can significantly impact public freedoms. Addressing such circumstances requires swift intervention to mitigate threats to public order, and thus the administrative control authority is often granted extensive discretionary powers. However, it is essential for these decisions to be overseen by the administrative judiciary. Judicial review allows judges to assess whether decisions were made based on genuine circumstances constituting a public order threat, examine the legal assessment of facts, and evaluate the proportionality between the perceived danger and the control measure implemented. This oversight helps prevent abuse of discretion, protects individual freedoms from being unduly restricted under the guise of public order, and ensures a balanced approach between administrative authority and public freedoms.