A Comparative Study of the Application of the Principle of Legality in Administrative Law and Ways to Achieve it (Iraq – Algeria – Jordan)

The prominent feature of the modern state is that it is a legal state, and the principle of legality is considered the basis for the establishment of the legal state, and it is also considered the strongest guarantee granted to individuals in order to guarantee their rights. In the form of chapters or chapters as a hope in which I dealt with this principle and made it a basis for monitoring the work of the administration.    The state of law is basically defined as the state of legitimacy in which the law prevails and all public authorities in the state are bound by it other than individuals, especially the public administration organs, which are more in contact with individuals and are obligated to respect the legal system in the state, which represents a source of legitimacy, which may be written, which is represented in basic legislation, treaties and ordinary legislation. And sub-, and may be unwritten and mainly represented in custom and general legal principles. The application of the principle of legality in the presence of certain circumstances may constitute a measure of this principle, or the scope of the administration’s jurisdiction may expand under the banner of exceptions to the principle, whether through discretionary authority, exceptional circumstances or the implementation of sovereignty by indicating the extent of legality in applying the principle of legality to the works that need The administration being a sovereign act and not subject to judicial oversight to achieve the principle of legality are embodied guarantees that work to protect the rights and identities of individuals in the face of the abuse of the administration, which is either through non-judicial oversight through administrative oversight, which is considered appropriate oversight, or self-monitoring of the administration or based on a grievance so that it monitors the work of The state in general and the implementation of the administration in particular without denying the role of political oversight in its various forms and the role it plays in forming and directing public opinion and putting pressure on the rulers. Public opinion or forcing the government to cancel a decision or withdraw it, and judicial oversight is one of the most important guarantees, as it is a means in the hands of people to cancel or withdraw a decision. The absence of any illegal administrative decision, whether it is an organizational or individual action, and it also allows them to obtain compensation for the damage they suffer as a result of the administration’s activities, whether legal or illegal. In addition, the judge has a great and prominent role in standing up to the administration against its illegal decisions.