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The Defect of Un competence in Administrative Resolution | ||
| journal of legal sciences | ||
| Article 1, Volume 28, Issue 1, 2013, Pages 1-233 | ||
| Author | ||
| dr.reyadh abed eesa | ||
| Abstract | ||
| We have increased attention to the principle of functional specialization and division of labor has become the focus of jurisdiction, however, a body or one employee flawed and criticized in light of contemporary circumstances and in light of the increasing activity of the administration which has spread to many areas and diverse. Based on the rules of jurisdiction must be on each of those bodies Commitment to the scope of its terms of reference specified by law. Accordingly, the administrative decisions in order to be valid and legitimate must be issued by the administrative bodies that are specific to, if issued an administrative decision of the body or a member of an administrative does not have the authority issued it leads to the illegality of this decision becomes tainted defect lack of jurisdiction, which makes it subject to appeal the revocation before the competent judicial authority Based on the studies of administrative jurisprudence to this topic in terms of the distinction between the two types of lack of jurisdiction, namely the lack of jurisdiction the particle and the simple lack of jurisdiction. This has dealt with the provisions of these two types and the statement of the importance of this distinction after the statement of the general provisions for lack of jurisdiction defect. . We have reached the end of our research to the distinction between of lack of jurisdiction ,the defects according to the gravity of each is just discrimination imaginary and unreal, where did not emerge not have any effect different between, the defects both occur the same legal effect and that all Maqil of the justification for this difference collide in front of applications judicial and legislative reality which Atertb only one legal effect a cancellation of those decisions that upholding the rules of jurisdiction, which considered the rules of public order, and remove effects that resulted from the issuance and restore the situation to intact before this publication. | ||
| Keywords | ||
| The Defect of Un competence in Administrative Resolution | ||
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