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Correcting the decisions of the cassation of Supreme Administrative Court in Iraq | ||
| AL-Qadisiya Journal For Law and Political Sciences | ||
| Volume 15, Issue: 2 part 2, December 2024, Pages 25-42 PDF (469.44 K) | ||
| Document Type: Research Paper | ||
| DOI: 10.63677/jqlap.2024.186005 | ||
| Author | ||
| Farkad Abood Alaridhy* | ||
| Faculty of law–University of Al-quadisiyah | ||
| Abstract | ||
| : Judicial judgments, whether ordinary or administrative, represent the title of the truth and not the truth itself. It may be that the judgment does not actually reflect the truth through the certainty of the person who lost the case or the accused that he never committed the act for which he was convicted. Therefore, the legislator has developed ways to challenge those judgments so that it is possible to reach, as much as possible, the truth that actually reflects what the perpetrator, defendant, or perpetrator of the administrative error did. If the issuance of the decision of cassation by the Court of Cassation or the Court of Appeal in its capacity of cassation or by the Supreme Administrative Court is considered the final step in terms of ordinary and administrative methods of challenge, it is nevertheless not the definitive step as the legislator has extended the necessary protection for the accused or defendant beyond the step of cassation in the ordinary judicial judgments by correcting the decision of cassation in accordance with the amended Iraqi Civil Procedure Law No. (83) of 1969. However, correcting the decision of cassation as a method of appeal or challenge does not exist at all in administrative judiciary judgments because it is not explicitly stipulated in the amended Iraqi State Council Law No. (65) of 1979, despite its importance in protecting the rights of individuals against the administration. | ||
| Keywords | ||
| judicial judgment; decision of cassation; correction; Supreme Administrative Court; administrative judiciary | ||
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