- All Journals
- Al-Qadisiyah University
- Basrah University
- Kirkuk University
- Mosul University
- The Iraqi Borad for Medical Specialization
- University of Anbar
- University of Technology
- Al Mustafa University
- Al-Zahraa University for Women
- Alnoor University
- Kunooz University
- Misan University
- Ninevah University
- Tikrit University
- University of Al-Hamdaniya
- University of Kerbala
Features of the Iraqi administrative judicial policy through the judiciary’s control of the appropriateness of the elements of the administrative decision. | ||
| Journal of Anbar University for Law and Political Sciences | ||
| Article 17, Volume 15, Issue: 2 part 2, December 2025, Pages 378-412 PDF (761.47 K) | ||
| Document Type: Research Paper | ||
| DOI: 10.37651/aujlps.2025.156476.1438 | ||
| Authors | ||
| Khalil Ali Khalil* 1; Qidar Abdulqader Saleh2 | ||
| 1University of Mosul College of Law | ||
| 2University of Mosul / College of Law | ||
| Abstract | ||
| If the origin of administrative judicial oversight is that it is a control of legitimacy, this does not prevent it from being a control of legitimacy and appropriateness together, whether appropriateness is a condition for legitimacy or an independent control. The administrative judge has expanded the scope of his judicial oversight to the point of intervening in assessing the appropriateness of issuing the decision, aiming through this intervention to guarantee the freedoms of individuals. The administrative decision has internal elements represented by the elements of jurisdiction, form and procedures, and external elements represented by the elements of reason and subject matter, and the third is the element of purpose. The administrative judicial policy in general with regard to the control of appropriateness is evident and appears in the external elements of the decision. However, its features, even if they are not prominent in the internal elements of the decision, their importance is hardly less than in the external elements. Rather, it is of great importance in countries that are new to administrative judiciary, such as Iraq, especially if the legislation regulating administrative judiciary precedes the existence of the judiciary itself or the main texts regulating administrative disputes do not cover all administrative disputes. This importance increases when these legislative texts regulating the nature of these disputes do not conform to them or no longer keep pace with them due to the changes that have occurred in Administrative life. | ||
| Keywords | ||
| Judicial policy; supervisory judiciary; elements of administrative decision | ||
|
Statistics Article View: 191 PDF Download: 41 |
||