Cause and causation in the administrative decision A comparative study of Iraqi law and Islamic jurisprudence

The administrative authority’s submission to the law and oversight of its functioning gives it an advanced level of civilization and democracy،thus following the minimum standards of human rights in obtaining information،and making transparency and accountability the title of its decisions. This study comes as a way to achieve the theoretical and practical benefit of the administrative authorities and individuals alike،and it is one of the topics that fall within the scope of the study of administrative procedures. The reason and causation in the administrative decision is considered one of the important and developed topics in practice،to motivate lawmakers and jurists to enact laws related to administrative procedures that require The reason and causation is to protect the rights and freedoms of individuals from the arbitrariness and injustice of the administration،since the decision is issued by the administration man in order to complete a certain work and the decision can be appealed if it is in violation of the law،as for causation is one of the most important technical means that ensure the achievement of the administrative decision and it is the basis of judicial control. The administration with the intention of having a legal effect towards individuals is issued administratively in an executive manner. Therefore،administrative decisions must be monitored. However،jurists،jurists and administrative judges in Arab regimes have unanimously agreed that the administration is not obligated to cause its administrative decisions unless there is a clear text in this regard،contrary to what is in place in modern administrative systems. Where the administration،through the cause،states the legal and realistic reasons that prompted it to issue the decision،and the administration’s neglect of the causation leads to the nullity of the administrative decision،and there are conditions for the cause and the causation to acquire the legitimacy of them by being written،direct and contemporaneous to the issuance of the decision،in detail،and in language Arabic،and indicating the realistic legal reasons.