The Role of the Administrative Judiciary in Protecting Public Rights and Freedoms A Comparative Study Between Iraq, Egypt and Algeria
- Author:
- HUSSEIN ALI NAJI NAJI
- Level:
- Master
- Field of study:
- Law
- Language:
- Arabic
- Faculty:
- Faculty of Law
- Year:
- 2022
- Publisher:
- URD Press
- Supervisor(s):
- Mohammad Tabarsa
In most comparative judicial systems, the administrative judiciary is one of the basic pillars to guarantee rights and freedoms and protect the freedoms of individuals and groups alike, because it is considered the first and last resort that individuals have resorted to in order to cancel the decisions and actions of the administration that are related to the defect of overriding authority in its general sense and this matter It is done through oversight of the legality that is exercised by the administrative judge on the pillars of the administrative decision, whether external or internal, or through his ability to the discretionary authority of the administration, as it became clear to it that the goals planned by the administration are far from the public interest or that rights have been withdrawn And freedoms are legally guaranteed because the most important activity practiced by the state and the administrative activity. Laws protecting public rights and freedoms should clarify the role of the administrative judiciary as stated in the internal and international laws and the administrative justice law. the rights and freedoms of individuals, due to the independence and impartiality enjoyed by the judiciary in its work. The approach that was followed In writing this dissertation, this is the descriptive, analytical, comparative approach, that is, an investigational description of the research results, in addition to how the case is, not its causes, and the explanation of the reasons, not the descriptions. Which is considered a red line that cannot be crossed with regard to legal bodies that may implement the law harshly and are likely to violate the sanctities of the freedoms of individuals and groups, and that our research consists in clarifying the role of the administrative judiciary in protecting individual and collective rights and freedoms in some Arab laws in Iraq, Egypt and Algeria Is the administrative judiciary law considered to have achieved the advantage of the independence and specialization of the administrative judiciary and its reflection on individual and collective rights and freedoms. And that the administration sometimes, during the exercise of its administrative tasks, may abuse its authority and the privileges granted to it, or it may affect the rights and positions of individuals, and since the concept of the state of right and the law requires The subordination of the authority and the administrative organs of the state to the provisions of the law, the administration considers it a Public administrative facilities that are also obligated to abide by legal rules in the event of their violation, they must be questioned and held accountable for their illegal actions. The rest of the ordinary people