If the law did not limited appointment aim to issue the administrative decision and the natural case for impossible to limitation administrative route and limited the aims and purposes and put these in practical beforehand by the legislative, for administration in this liberty choice any picture for public interest ,but when the for administration man limited by in letter and spirit of law to actualization delimited form of public interest in these state( case) must be care this, As result all this considered from requirements application of rule aims limitation in issue the administrative decision that well-known in administrative law which that meaning it legislative limited the aim task, if administration deviated in decision it from determinant aim and toward actualization aim not that which mentioned it of lawmaker in this case revocation decision it for deviation in authority usage, and that arrange legal effect nullity the administrative decision and annulment it of authorized authority thereby(competent administration, administrative adjudication), demur permissibility In Iraq of administrative decision for dissent it rule aims limitation to deduce of article tenor (E) of seventh article of state consultative council number(65) for year 1979, I extracted of this search me that legal (juridical) basis for institution of this legal proceedings to lean on protection legal System based on legality principle and supremacy of law which observance all governmental institutions and societal Organizations and singles for law.
For Rarity of the writing in this subject by authors and researchers with form which suit with effectiveness it importance it in framework of administrative law, prompting to choice it address for research me here and especially still in Iraq we wade first steps of establishment of administrative decentralization state by observance obligation extent state establishments by supremacy of law and public interest at administrative decisions it issue, I decided for search in subjects search me review different of fundamentals it and landmarks it according to search plan, devote the first research for concept limitation of rule aims limitation, and second research limited for show some of faces for deviation the administrative Decision from determinant aim to issue it, and third research dedicate for studying Effect of deviation the administrative Decision from determinant aim to issue it, during the research we studied in describing and analyzing it comparing with deferent laws to achieve our aims to uncover deferent sides of the study.
Finally we hope that our simple research will help in promoting Iraqi law in a way fits the modern factors of live both nationally and internationally |