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Compensation for an administrative decision tainted by the defect of deviation of authority | ||
| AL-Qadisiya Journal For Law and Political Sciences | ||
| Volume 15, Issue: 2 part 1, September 2024, Pages 79-100 PDF (451.24 K) | ||
| Document Type: Research Paper | ||
| DOI: 10.63677/jqlap.2024.183584 | ||
| Author | ||
| Hussam Munadi Moussa* | ||
| Department of Studies, Planning and Follow-up / Ministry of Higher Education and Scientific Research | ||
| Abstract | ||
| The source of the administrative decision deviates from the goal sought by the legislator by “using his authority to achieve a purpose other than the one for which he granted the powers, and on this basis, the administrative decision tainted by the defect of abuse of power is an illegitimate decision, and therefore it wastes the rights of individuals” and affects their interests guaranteed by the law. The importance of the topic is demonstrated by exposing the defect of abuse of power, as it represents the highest level of breadth and comprehensiveness of legal oversight in its pursuit of the administrative decision. It is considered very difficult to prove the existence of this defect due to the decision’s connection to the intention of its owner, which makes the process of proof very complex. “The problem related to this topic is complex from practical and legal aspects, as the exploitation of power represents a violation of the rights of individuals through decisions that may seem legitimate.” In the process of processing the research, we decided to resort to dividing our study in a systematic and objective way, which effectively serves our research goal, by providing an introduction, Two requirements, and a conclusion. To ensure “a comprehensive understanding of all aspects of the research topic, we adopted a binary division of the research topic, where the research topics were divided into two requirements, and we devoted the first requirement to studying: the concept of abuse of power in administrative decision.” | ||
| Keywords | ||
| administrative decision; deviation; law; authority | ||
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