Judicial censorship for on administrative decisions defected with temporal and spatial non-specialization

Khither, Raeda Yassen; Sidiq, Son Gull Jihad

doi:10.37651/aujlps.2021.171422

	Judicial censorship for on administrative decisions defected with temporal and spatial non-specialization
Journal of Anbar University for Law and Political Sciences
Article 10, Volume 11, Issue 2, 2021, Pages 312-340 PDF (1.1 M)
DOI: 10.37651/aujlps.2021.171422
Authors
Raeda yassen khither; Son gull jihad sidiq
College of Law/University of Kirkuk
Abstract
Abstract The defect of temporal and spatial jurisdiction is one of the defects of simple jurisdiction that affects the administrative decision whenever its source in its issuance exceeds the scope of its temporal jurisdiction as if it was issued on a date subsequent to the end of its tasks or the decision was issued outside the scope of the region specified for its issuance and this is called spatial jurisdiction. Therefore, the legality of the administrative decision it is affected by the legitimacy of jurisdiction, and hence the importance of judicial oversight in addressing administrative decisions issued by an administrative body that is not competent to issue them. Therefore, we will divide this study in to two sections. In the first section, we will show the concept of the defect of temporal and spatial jurisdiction and its image in two demands, while we will address in the second section the administrative judiciary's control of a defect Lack of temporal and spatial jurisdiction and the legal consequences thereof in tow demands as well.
Keywords
Defected administrative decision_ temporal non-specialization_ spatial non-specialization_ Cancelling administrative decision_ Judicial censorship

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