The Role of Legal Evidence in Proof Before the Administrative Judiciary and the Factors Affecting it, A Comparative Study Between Iraqi, Jordanian and Egyptian Law

The legal presumption is the legislator or judge’s reliance on a fixed fact to infer an unfixed fact, aiming to achieve two judicial and social interests, represented by establishing evidence before the judiciary, preserving the general rights of individuals, restoring a fair balance between the parties to the administrative case, and enabling the administrative judge to have absolute freedom in persuasion. While presenting the evidence before him, and relieving the burden of proof on the plaintiff, It is made and deduced by the legislator himself by establishing it on the idea of probability and weighting. As for the factors that affect the proof, they are represented in the privileges enjoyed by the administration, which is often the strongest party in the case because it has all the ingredients, and the individual is the weakest party, and it faces problems in terms of The extent of its strength and authority in proving before the judiciary as indirect evidence, as well as its relationship to the authority of the res judicata relating to peremptory rulings issued by the judiciary, The implicit decision is of great importance in light of the administrative law, as it is the basis for which the legal provisions governing the administration’s silence were established, and the reaction to the administration’s silence towards the requests submitted to it, and the failure to take decisions towards it, and the presumption of publication, knowledge and notification of administrative decisions must inform the concerned person The administrative decision, and this knowledge includes all the elements of the formation of this decision, and it is by the means established by law, and the proof of publication, knowledge and notification falls on the responsibility of the administration that issued it, and the presumption of the administration’s responsibility for the work of its employees is based on the supposed error by the administration in terms of direction and control. The authority of the res judicata is one of the conclusive legal presumptions that cannot be proven otherwise. The rulings issued by the judiciary and acquire a peremptory degree are considered authoritative in their rulings, and their significance cannot be reversed or proven otherwise by any means of proof for considerations related to public order. Except through the presence of signs that they are derived from known facts and are considered evidence of proving unknown facts, so we recommend legislators in the countries under comparison to legislate laws related to administrative evidence, and take into account the privacy of these disputes, and take into account the restoration of balance between the two parties to the case through legal evidence, being a means Important evidence in the framework of the administrative judiciary.