The Theory of Manifest Error of Assessment as a Means of Reviewing the Principle of Proportionality in Administrative Decision

Abstract

The principle of proportionality is one of the most important controls governing the legality of administrative decisions, as it requires the administration not to take measures that exceed what is necessary to achieve the desired objective. However, oversight of this principle often clashes with the discretionary power of the administration. Hence, the theory of manifest error of assessment emerged as a judicial mechanism that allows the administrative judge to intervene in cases where the administration exceeds reasonable limits.

This study raises the question: what constitutes manifest error of assessment and what is its impact on monitoring the principle of proportionality in administrative decisions?
This study aims to highlight the concept of manifest error of assessment and distinguish it from other forms of illegality, and to explain its role as a means of achieving a balance between the principle of proportionality and the requirements of discretionary power, based on French case law as the originator of this theory. Accordingly, the study was divided into two parts, using a descriptive and analytical approach: the first part deals with the concept of manifest error of assessment, and the second part deals with the applications of this theory in French jurisprudence.
The study concluded that this theory has become an effective tool in establishing judicial oversight of the principle of proportionality without going so far as to replace the administration in its decisions.