Bahraini Constitutional and Administrative Law
Core Concepts
The Constitution of 2002 establishes Bahrain as a constitutional monarchy with a bicameral parliament (Council of Representatives and Shura Council). Key concepts: separation of powers, rule of law, and protection of fundamental rights. Administrative law governs the actions of public authorities, including administrative decisions (قرارات إدارية), licensing, and public employment. The High Administrative Court reviews administrative decisions.
Traps and Distinctions
A common trap is the distinction between a regulatory decision (قرار لائحي) and an individual decision (قرار فردي). Only individual decisions can be challenged for abuse of power. Another trap: the requirement to exhaust administrative remedies before judicial review. Also, the Constitution guarantees equality before the law and prohibits discrimination, but some distinctions (e.g., citizenship) are permitted.
Worked Example
A ministry refuses to renew a commercial license without giving reasons. The licensee can challenge the decision before the High Administrative Court, arguing violation of the principle of legality and lack of reasoning. The court may annul the decision if it finds abuse of power. However, the court will not substitute its discretion for that of the administration.
Rule of Thumb
For administrative decisions, check: (1) competence of the authority, (2) proper procedure, (3) reasons, (4) proportionality. The court reviews legality, not expediency. Always file within 60 days of notification or knowledge of the decision.