General principles of law and their applications in Iraqi administrative judiciary

Muhammad, Ahmed Ali

doi:10.37651/aujlps.2025.165232.1593

	General principles of law and their applications in Iraqi administrative judiciary
Journal of Anbar University for Law and Political Sciences
Article 24, Volume 16, Issue: 1, March 2026, Pages 615-629 PDF (705.65 K)
Document Type: Research Paper
DOI: 10.37651/aujlps.2025.165232.1593
Author
Ahmed Ali Muhammad^*
University of Kirkuk - Faculty of Law and Political Science
Abstract
This research examines the general principles of law as one of the unwritten sources of legality in the Iraqi administrative judiciary. Judicial practice has shown that these principles provide a real guarantee to fill legislative gaps and address ambiguities in legal texts, thereby ensuring justice, fairness, and the proper functioning of public services. By analyzing legal doctrine and judicial decisions, the study demonstrates that Iraqi administrative courts have relied on principles such as legality, proportionality, prohibition of abuse of power, and procedural guarantees to review administrative decisions and protect individuals’ rights. The research concludes that general principles of law are not merely theoretical notions but practical tools that enrich the Iraqi legal system and highlight the vital role of administrative judiciary in shaping the concept of legality. The research is divided into two main sections: • Section One: The conceptual framework of the general principles of law, including their definition, characteristics, and philosophical and legal foundations. • Section Two: The Iraqi administrative judiciary's applications of the general principles of law, through a study of the practical role of administrative courts and the prominent judicial rulings that have established these principles.
Keywords
General Principles of Law; Legality; Administrative Judiciary; Proportionality; Abuse of Power

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