The smart Administrative Decision - A study of Its Legal Nature and Judicial Review

Abstract

Abstract: This research addresses the issue of the Smart Administrative Decision as one the modem application of artificial intelligence in public administration ,and the legal challenges it raises regarding its legal nature and judicial review , particularly in light of the legislative vacuum within the Iraqi legal system . The study aims to define the concept of the smart administrative decision , distinguish it from traditional administrative decision ,and examine the applicability of the traditional elements of administrative decision to this new model , while highlighting its technical specificity .The research further focuses on judicial review of the legality of smart administrative decision analyzing the role of administrative judiciary in reviewing defects related to competence ,cause, form and procedures ,subject matter,and purpose .It also examines the technical challenges faced by the judiciary , such as technical errors, the black box phenomenon ,and algorithmic bias . The study emphasizes the proactive role of administrative courts in bridging the legislative gap through the development of interim judicial principles that safeguard individual rights and uphold the principle of legality ,pending the enactment of comprehensive legislation regulating the use of artificial intelligence in administrative decision -making .The research concludes that judicial oversight represents a fundamental guarantee for balancing technological advancement with the protection of rights and freedoms.