The implementation of administrative decisions ( comparative study between Iraqi law and Lebanese law)

Author:
Ahmad Hasan Hashem AL-Alaak
Level:
Master
Field of study:
Law
Language:
Arabic
Faculty:
Faculty of Law
Year:
2021
Publisher:
URD Press
Supervisor(s):
Hossein Javan Arasteh

The administration has privileges equivalent to the privileges of the public authority, and one of the most important manifestations of these privileges is that the administration uses its authority to impose its own will, which is embodied in the form of decisions that necessarily result in rights and entail obligations in the face of others, without any need to obtain their consent or consent, as the administration’s use of this authority is considered In carrying out administrative behavior from one side, it is one of the most important aspects embodied by the public authority of the administration, as it is one of the most important fundamental differences between the methods of legal activity and behavior in the field of law, both public and private. The right of the one who issued it, and therefore the contract is the main form of legal administrative behavior in the field of private law.

Returning to the field of public law, the privileges of the public authority, its clear and clear appearance is embodied by granting the administration the right to issue administrative decisions that have legally binding force, and by its own will, to the point that the French Council of State considered it among the main rules of public law.

The study of binding decisions that have the force of law has a distinct importance from two aspects: The first is that administrative decisions are one of the pillars and basic pillars of administrative law, and they are among the most successful means for the administration to exercise its activity, while the other side, administrative decisions constitute a wide field for exercising control. Judicial decisions are based on the work of the administration. Indeed, administrative decisions are still considered the main focus of most disputes and cases presented to the administrative judiciary, as they are a rich and rich source for the jurisprudence of the administrative judiciary.