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(Judicial Oversight of Jurisdiction in Electronic Administrative Decisions)-A Comparative Analytical Study-) | ||
| AL-Qadisiya Journal For Law and Political Sciences | ||
| Article 22, Volume 16, Issue: 2 part 2, December 2025, Pages 477-500 PDF (1.01 M) | ||
| Document Type: Research Paper | ||
| DOI: 10.63677/jqlap.2025.164009.1394 | ||
| Author | ||
| Hiba Hashim Mohammed* | ||
| College of Medicine - University of Al-Qadisiyah | ||
| Abstract | ||
| Due to the profound digital transformation witnessed by public administration in various countries, it has become necessary to redefine the concept of jurisdiction within the electronic environment and to establish effective oversight mechanisms that enable administrative courts to examine the legality of decisions issued through digital platforms. The element of jurisdiction has been exposed to new challenges, particularly the difficulty of legally identifying the competent authority when an administrative decision is issued through a technical platform or an intelligent system operated either by human management or automatically without apparent human intervention. The study focused on examining the extent to which traditional legal rules governing jurisdiction remain applicable to electronic administrative decisions, and whether the current legislative frameworks are adequate to regulate such transformations. It further highlighted legislative shortcomings, lack of technical transparency, and administrative laxity in documenting the source of decisions - all of which have weakened judicial oversight and opened the door to unlawful encroachments in the distribution of administrative authority. Although administrative courts possess full legal authority to scrutinize jurisdiction in electronic decisions, the effectiveness of such judicial oversight is contingent upon the availability of appropriate technological tools and reliable evidentiary means. Among the most prominent challenges facing the judiciary are difficulties in accessing digital operation data, the overlapping of competences within technical systems, and the lack of implementation of secure electronic signatures. These issues underscore the need to reform existing practices and propose viable legal alternatives. | ||
| Keywords | ||
| Administrative Decision; Jurisdiction; Digital Administration; Judicial Oversight; Technological Development | ||
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