The administration’s authority to interpret the legal rule

Hamdan, Aladdin Muhammad

doi:10.37651/aujlps.2024.146691.1182

	The administration’s authority to interpret the legal rule
Journal of Anbar University for Law and Political Sciences
Article 19, Volume 14, Issue: 1 part 2, June 2024, Pages 519-542 PDF (702.43 K)
Document Type: Research Paper
DOI: 10.37651/aujlps.2024.146691.1182
Author
Aladdin Muhammad Hamdan^*
كركوك
Abstract
The principle of the legal text is that its meaning should be clear and does not require interpretation, because the legislator made clear what he meant and specified what he wanted, and the interpreter was spared the trouble of diligence in clarifying it. However, as an exception to this principle, some legal texts occur that contain some ambiguity or are possible with more than one meaning, which imposes a preference. One of the meanings, and this is what is meant by interpretation, given that the interpreter clarifies what is obscured from the words of the legal rule. The importance of this research appears in that the main work that the employee performs when applying the legal rule is the interpretation of that rule. This is because the legislative texts are a group of written phrases intended to express the legislative will, and these phrases may have ambiguity due to the large number of amendments to the legislative texts, the large number of laws, and the multiplicity of errors facing employees. The administration must have the authority to interpret the legal texts for the employees it is responsible for, and from here emerges the basic problem of the subject of our research. It includes some questions surrounding the interpretation of the legal rule.
Keywords
administration; law; legal rule

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