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The principles of legitimacy and legal security in the Balance of the Kurdistan administrative judiciary (Analytical study) | ||
| Journal of Anbar University for Law and Political Sciences | ||
| Article 9, Volume 16, Issue: 1, March 2026, Pages 206-240 PDF (855.7 K) | ||
| Document Type: Research Paper | ||
| DOI: 10.37651/aujlps.2025.160231.1521 | ||
| Authors | ||
| Kawa Sadeq Azeez* ; Abdul Malik Yuns Mohammed | ||
| Salahaddin University- Erbil/College of Law | ||
| Abstract | ||
| The principle of legality is imposed on the administration by making its decisions in the light of the law in a broad sense and by reversing, it is considered illegal and threatened with abolition or execution. Conversely, the principle of legal security and its requirements, as an emerging concept at the legal and judicial levels, plays an important role and imposes both on the administration and the administrative judiciary, as it must be respected and entrenched. The Kurdistan Administrative Court, under the Shura Council Act No. 14 of 2008, has extensive legal authority and machinery to control the legality of administrative decisions. When exercising such control, it gives precedence and preference to one of the two principles over the other, depending on the circumstances and circumstances surrounding the administrative decision. This judicial trade-off is an important and sensitive subject and needs precision in work and capacity in legal and judicial prospects. The Kurdistan administrative judiciary upholds the legitimacy of the security if the administrative decision is flawed by the serious lack of jurisdiction and there is no room for neglect. The judiciary pronounces the law and imposes its sovereignty without taking into account any other consideration, including legal security. In return, the judiciary shall uphold the requirements of legal security over lawfulness in the event that the administrative decision is immune from judicial annulment due to the expiration of the appeal period; | ||
| Keywords | ||
| Legitimacy; Legal security; Administrative judiciary of the Kurdistan Region | ||
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