Administrative judicial review over administrative affairs in exceptional circumstances and its enforcement in Iraq, Jordan and Tunisia

The scientific significance of the subject of this research is that it intends to analyze the theory of exceptional conditions according to the jurisprudential and administrative court procedures. This analysis is done by getting acquainted with the nature of extraordinary conditions, their types and causes, Because problem identification is the first step in achieving the best judicial reviw over the functioning of the General Administration. Also, the main importance of this research is to try to discover the legal measures and mechanisms that administrative jurisprudence has considered in order to be able to play its supervisory role well.

The main purpose of this study is to explain the theoretical framework of the role of administrative justice in supervising administrative affairs under extraordinary circumstances. This goal is achieved by examining the most important jurisprudential and administrative procedures in this field to achieve the best level of balance between the public interest on the one hand and public freedoms and rights on the other.

The researcher used the method of descriptive-analytical research because he found it relevant to the subject in order to analyze the effectiveness of Iraqi law in playing the role of administrative judicial review over administrative matters in exceptional circumstances and by examining the relevant texts in the Constitution and National Health Law No. (1) of 2004 and also examining their role in empowering the administrative judiciary in overseeing public administrative affairs, explain the various causes and effects of administrative judicial control and related judicial records and practical applications. Examine the role of the judiciary in overseeing public administration in exceptional circumstances in Iraq, Jordan and Tunisia.

The researcher has reached several important conclusions, including that in fact the administrative authorities do not deviate from the legal principles in exceptional circumstances, but enforce extraordinary laws that require the power of administrative officials to be developed in accordance with exceptional circumstances, and in this regard, the administrative judiciary It is a balance between the public interest on the one hand and public freedoms and rights on the other.

The researcher has several recommendations in this regard, the most important of which is that the administrative judiciary should be flexible enough to intervene in the supervision of administrative affairs in exceptional circumstances to ensure a balance between the public interest and rights and freedoms.

It is essential that the texts prepared for the management of those conditions are clear, precise and in such a way that they do not cause arbitrariness and oppression of the authorities and their deviation from legal principles. The judiciary needs to be responsible for identifying serious threats and dangers and to have different types of executive oversight, legislative oversight, and judicial oversight of administrative matters.