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The original invalidity claim in administrative judiciary - a comparative study | ||
| Journal of Anbar University for Law and Political Sciences | ||
| Article 48, Volume 14, Issue: 1 part 2, June 2024, Pages 1256-1274 PDF (729.47 K) | ||
| Document Type: Research Paper | ||
| DOI: 10.37651/aujlps.2024.150690.1283 | ||
| Author | ||
| Majeed Majjool Darwish* | ||
| College of Law/Al-Muthanna University | ||
| Abstract | ||
| The various legislations have included a comprehensive regulation of the methods of appeal against judicial rulings, both ordinary and extraordinary, whether in the field of ordinary or administrative judiciary. The use of these methods or the expiration of the specified deadline results in these rulings becoming final and not subject to appeal, in respect of the principle of the validity of judicial rulings and in order to achieve the stability of the rulings and legal positions. However, sometimes a ruling is issued with a serious flaw that may reduce it to the point of nonexistence, which makes its continuation constitute a waste of justice. In light of this situation, the administrative judiciary created a special method for appealing these rulings that differs from other methods of appeal, represented by the original invalidation lawsuit, due to the importance of this and the lack of Legislation regulated in the field of administrative judiciary in Iraq. We decided that it would be the subject of our study by dividing it into two sections. We devoted the first section to studying the nature of the original invalidation lawsuit, while the second section included the provisions of the original invalidation lawsuit. Through the research, we reached a set of results and proposals, the most prominent of which is amending the law. The Council of State, by granting the Supreme Administrative Court the authority to consider the original invalidation lawsuit against the non-existent rulings, determine the cases in which the ruling is non-existent | ||
| Keywords | ||
| Invalidation; original; serious defect; void judgment clai | ||
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