Deviation of Authority in Iraqi, Algerian and Jordanian Legislation

The administration, in the exercise of its duties, uses legal means. As the administrative decision represents its main pillar, the legitimacy of which requires the achievement of i.e. its legal pillars, and that it is issued by a competent authority, in accordance with the laws and regulations in form and substance, and based on a justified reason, and aims to achieve the goal. The purpose for which the administration has been given the power to make the administrative decision, however, the power of the administration, whether discretionary or restricted, is only a means of satisfying public needs and putting the law into full effect. The administration may take advantage of these powers granted to it by laws and regulations to move away from the public interest, in order to achieve personal ends or other ends. Legitimate, because this behavior constitutes a deviation in the purpose of the administrative decision from the public interest, and therefore the management’s decision is defective due to the illegality of its deviation in the use of power, and the required annulment. as it is one of the defects related to the personal and psychological aspect of the source of the administrative decision, and therefore it was important among the defects that affect the administrative decision. We have divided this thesis into an introduction and three chapters, in the first chapter we dealt with the colleges, and in the second cases of deviation in authority and the means of proving them in Iraqi, Algerian and Jordanian law, and in the third the effects of realizing the administration’s responsibility for deviation in the use of authority and its guarantees in Iraqi, Algerian and Jordanian law, and we concluded the thesis with the most important results The deviation of authority affects the rights and freedoms of individuals, and this is due to the weak control over the administrative decision. Proving the deviation in the Iraqi administrative judiciary is its reliance on the Iraqi Evidence Law and the Iraqi Civil Procedure Code. Among the most important proposals, there should be a specialized administrative judiciary to avoid these difficulties to put in place the means that help prove deviation and remove the difficulties related to proving deviation, and the administration and the judiciary must take the necessary disciplinary measures, for every employee who deviated in the use of his authority, so that it is an example for all those who beg Himself a perversion of power.