The Principle of Legality of Administrative Decisions A Comparative Study Iraq and France

Author:
Falih Majeed Alwan Al-Anbagi
Level:
Master
Field of study:
Law
Language:
Arabic
Faculty:
Faculty of Law
Year:
2022
Publisher:
URD Press
Supervisor(s):
Mirza Alizadeh

The principle of legality is the principle of the rule of law or the principle of the legal state, which means that the state is subject to all its powers to the law, that there is consistency in the actions issued by the state authorities with the provisions of the law. Or the principles of legality that prevail in the state, as the idea of ​​the safety of administrative decisions is linked to the principle of legality in the state, and this is a guarantee for the preservation of individuals’ rights and freedoms, as the administration must respect the issuance of the decision in the form that the law appreciates. With nullity, the study aimed to identify the concepts of the research title , As well as identifying administrative decisions and their types and pillars. And to identify the sources of the principle of legality in Iraqi and French law, as well as to identify the scope of the administration’s subordination to the law (the scope of legitimacy) in Iraqi and French law, and to identify the guarantees of achieving and protecting the principle of legality of administrative decisions in Iraqi law and French law. The researcher used the descriptive analytical and comparative approach, At the conclusion of the study, the most important conclusions were reached that the principle of legality means that the state is subject to the law in all its forms, activities and all its actions , Official and sources issued by the administration and others issued by foreign bodies from the administration. The study came out with a number of recommendations, the most important of which is the researcher recommends the Iraqi and French legislators to develop a clear and comprehensive definition of legality in their legislation. proper ones