The Legal Doctrine and the Role of the Administrative Court in the Establishment of Good Governance Standards in Public Personnel Administration

Abstract

This article critically examines the role of the Administrative Court in constraining the exercise of administrative discretion in public personnel management, through a synthesis of landmark judgments concerning competitive recruitment, salary advancement, transfers, disciplinary proceedings, and the entitlements of public officials. The objective is to explore how administrative law principles have been applied to safeguard officials’ rights and to enhance governance standards in public personnel administration. The study finds that the Administrative Court has exercised judicial oversight to ensure that the exercise of state power adheres to the principles of the rule of law, equality, legal certainty, protection of legitimate expectations, and the right to be heard. Significantly, the Court’s function extends beyond mere adjudication; its rulings have established legal precedents that public authorities should integrate into their administrative practices. These precedents include the obligation to provide reasons for administrative orders, the enactment of transitional provisions to accommodate changes in regulatory criteria, and the establishment of fair avenues for appeals and objections. The article recommends that public agencies adopt these judicial principles to reform personnel regulations and mechanisms in ways that promote clarity, transparency, and accountability, thereby advancing the quality of the civil service in alignment with constitutional norms and human rights within a sustainable democratic framework.