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DEVIATION OF POWER AS THE OBJECTIVE OF THE DECISION TO DEPORT THE FOREIGNER AND ITS EFFECTS | ||
| Journal of college of Law for Legal and Political Sciences | ||
| Article 4, Volume 8, issue 31 part 2, 2019, Pages 81-103 PDF (658.39 K) | ||
| Authors | ||
| Firas . M. Shehab; Dia . M. Mahdi | ||
| Abstract | ||
| The public interest of the State requires freedom free to establish the appropriate legal regime to which foreigner are subject to its territory so that if they threaten public order or the national security interests of the State , it would have to take the measures to enable it to restore security and order to normal. This authority enjoyed by the administration against the foreigner is not an a goal in itself but a means of achieving the main objective which is protecting the interests of the society. So if the administration deviates from the use of this power by producing orders to achieve objectives that are contrary to the interests of the society, then its decision is defected of deviance in power, which negatively affects the rights and freedoms. We have found through our research that the phenomenon of deviation in the use of power has many forms. The most dangerous form is deviation towards private benefit or intrigue foreigner for any reason, which naturally imposes supervision of the administrative legal scrutiny on the deportation decisions for foreigner. the administrative legal scrutiny can abolish these orders if the concerned Minister - the Minister of the Interior - is found to be deviated of his power by producing deportation decisions for other reasons identified by law in accordance with the role of specialization of objectives that the decisions of deportation subject to .Thus the foreigner can appeal the decision if it's defected; he has also the right to be entitled to a judgment as a matter of law to cancel the decision. | ||
| Keywords | ||
| DEVIATION OF POWER AS THE OBJECTIVE O; DEPORT THE FOREIGNER AND ITS EFFECTS | ||
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