The role and jurisdiction of the board of grievances in Saudi Arabia

Abstract

This thesis presents a critical study of the administrative court of Saudi Arabia (Board of Grievances). Its aim is to evaluate the modem Board of Grievances. The study also investigates the nature of the Board of Grievances, that is, the extent to which its role is entirely administrative according to the Act of 1982, or also contains aspects of an appeal, review, or investigatory court. The study explores the legal nature and jurisdiction of the Board, the appointment, qualifications, and training of its members and processes for their removal or retirement, transfer, promotion, and discipline. It is argued that the Board's membership, jurisdiction and procedures all reflect historical, legal and constitutional factors; and that these influences affect the efficiency of the Board as a mechanism for the legal control of administration and of grievances against the government. The thesis seeks to identify major changes which would enhance the Board's role and strengthen its contribution to the rule of law in Saudi Arabia. The first part of the thesis consists of two chapters dealing with the historical, constitutional and legal framework within which the Board operates. Chapter 1 examines the law and constitutional background of Saudi Arabia. The main thrust of this chapter is to place the Board of Grievances within the constitutional and legal environment in which it operates, in other words within the history of the growth of the state itself. Chapter 2 examines the historical development of the Board of Grievances in Islam. The chapter also briefly compares the Islamic Board of Grievances with an institution that has interesting similarities, the Court of Chancery in English legal history. The four chapters of the second part examine the modern Board of Grievances, tracing its development since 1924, and its present jurisdiction, practice, and procedures. Chapter 3 discusses the modem development of the Board of Grievances in Saudi Arabia. The purpose of this chapter is to explain the various stages of the development of the Board of Grievances as established in Saudi Arabia. Chapter 4 examines the composition and structure of the modern Board of Grievances. This chapter also discusses the status of the Board members as administrative judicial officers. Chapter 5 highlights the scope and limits of jurisdiction of the Board of. Grievances. Chapter 6 examines the rules of procedure of the Board of Grievances and its working practices. The concluding Chapter 7 refers to issues arising from the study in order to suggest some reforms necessary to improve the performance of the Board and to satisfy the expectation of the people.