Deviation of Authority in Administrative Control Decisions in Iraqi Law

Author:
Hussein Laziz Amshani Aleabudi
Level:
Master
Field of study:
Low
Language:
Arabic
Faculty:
Faculty of Law
Year:
2022
Publisher:
URD Press
Supervisor(s):
Seyyed Alireza Tabatabai

In recent years, in light of developments in human rights and citizenship rights, administrative law in turn; It seeks to create and search for tools that, on the one hand, paying attention to the requirements of the administrative order and the need to create an effective administrative system, provide tools for the office and on the other hand can support people against the office and control the office of the judicial hand. It is also due to the expansion of administrative organizations and their increase in their participation in the lives of individuals and the extensive relationship of citizens with these organizations and thus the possibility of disputes and complaints about administrative decisions and actions acquires great importance. Judicial oversight of government work is undoubtedly the government’s most important reason for not violating the rights of the people. So our study came under the title of deviation of authority in administrative control decisions in Iraqi law, according to a main question, what is the deviation of authority in administrative control decisions in Iraqi law. The study aimed to clarify the concept of the deviation defect in the use of power, and its importance to identify the characteristics that characterize the defect of deviation in the use of power, and its legal nature. This study relied on the analytical method, in connection with the knowledge of all the different aspects of the subject of this study represented in the deviation in the use of power and its impact on the administrative decision. The study came to an important conclusion, which is the deviation in the use of administrative authority from intentional defects, as the judge must prove the availability of the moral pillar of the administration’s men in order to commend his judiciary on this defect.