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Judicial application of the principle of separation of powers in administrative judiciary | ||
| Journal of Anbar University for Law and Political Sciences | ||
| Article 20, Volume 15, Issue: 1 part 2, June 2025, Pages 541-569 PDF (784.36 K) | ||
| Document Type: Research Paper | ||
| DOI: 10.37651/aujlps.2025.157841.1478 | ||
| Author | ||
| Ali Hamza Abbas* | ||
| Faculty of Law - Isra University | ||
| Abstract | ||
| This research reviews the principle of separation of powers in the administrative judiciary, and analyzes the role of the judiciary in achieving this principle through judicial oversight of government activities, whether in normal cases or in emergency circumstances, The research also focuses on how the executive authority influences the state’s public policy through exceptional measures it takes in times of crises, highlighting the vital role of the administrative judiciary in ensuring that the executive authority does not exceed the limits of its powers and protecting the rights of individuals, The research also reviews the legal challenges that may arise as a result of these measures, and provides an in-depth analysis of the mechanisms for judicial oversight of these measures in light of laws and legislation. In addition, the research also addresses recent trends in applying the principle of separation of powers in administrative judiciary, and reviews the practical problems that may face the application of this principle under exceptional circumstances, It also highlights the importance of ensuring a balance between imposing exceptional measures and protecting the basic rights and freedoms of individuals, while emphasizing the necessity of effective judicial oversight to ensure that basic rights are not infringed in the context of these measures, The research concludes that enhancing transparency, developing judicial oversight mechanisms, and the necessity of protecting the rights of individuals in times of emergency all constitute essential elements for achieving a balance between public interests and protecting individual rights. | ||
| Keywords | ||
| Judicial application; separation of powers; administrative judiciary | ||
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