Deviation of the Authority of the Administration A Study in the Iraqi Constitutional and Administrative Principles

Administrative decisions are the most important tools used by the administrative authority in expressing its will in order to achieve the public interest. However, when issuing such decisions, it must adhere to the principle of legality, otherwise its decisions may be challenged before the judiciary by cancellation or compensation or both, and the importance of studying this The topic is practical in many issues, including knowing what is the deviation of authority during the practice of the administration’s physical and legal works of the administration and the development witnessed by the public facility, recognizing the defect of deviation in power in the light of the provisions of the Iraqi administrative judiciary, taking note of all aspects related to the issuance and implementation of administrative decisions tainted by deviation of authority which It may result in harm to individuals, whether physical or moral harm. The study also aims to determine what is meant by deviation in power and how to prove it, and to determine the legal provisions that govern deviation in power in a manner that guarantees the protection of the rights of individuals and the preservation of their freedoms, and to highlight the development that has taken place in the contemporary world from the organization of business management on both sides of the law and the judiciary and controlling these actions by focusing on the cornerstone of the decision and the need for decision-makers to abide by this goal. The comparative approach and the descriptive approach have been adopted, where the researcher follows the descriptive legal approach by describing the phenomenon under study, and the analytical approach has been used by analyzing some concepts in different laws. The researcher concluded that there are many reasons for deviation in authority, there are purposes that avoid the public interest, as well as violation of the rule of allocating objectives, which makes the deviation in authority the administrative decision issued in a way other than what the authority to issue was originally established for and in the public interest, and that is without the corner of the purpose, which means that the legality in The administrative decision is relied upon in other than what it was set for, and the defect of deviation in authority has emerged as a restriction on the theory of discretionary decisions, because every discretionary decision should aim at its source to achieve a public interest because this interest is the goal of every administrative work. Her decision was invalid.