Administrative decisions are included in Iraq - A comparative study -
Keywords:
- Legitimacy. - Gradation Grammar. - Decisions. - Authorities.Abstract
Abstract: It is agreed jurisprudence and jurisprudence that the principle of legality governs the work of the public authorities in the state, so that the actions that are issued by them are in accordance with that principle, and this principle requires the existence of a hierarchy of legal rules, starting from the lowest degree to the top of the pyramid, in a manner that necessitates the rule The minimum is to respect the rule higher than it, both from the objective and formal side, and this principle is applied within the authority itself, foremost of which is the executive authority, through the means and privileges it possesses, including its right to issue administrative decisions, which are illogical to be all In the same rank, rather they are in different ranks, and they are governed by a different gradation and arrangement that started from the lowest authority to the highest, in addition to the type of that decision that differs in its strength and highness according to its nature, form and the administrative authority that issued it, and we have dealt in this research with the idea of grading administrative decisions in Iraq According to the formal and objective criterion, and according to the authority that issued it, whether it is in the same rank or different from it in the ladder of the administrative function.
References
Source list
First: Books:
d. Azhar Hashem Ahmed Al-Zuhairi: Monitoring the constitutionality of administrative regulations and decisions - a comparative study, The Arab Center for Publishing and Distribution, Cairo, 2017.
d. Zahraa Murad: Lectures on the Introduction to Legal Sciences, Faculty of Law - University of the Montouri Brothers - Constantine 1 - Algeria, 2018.
d. Anas Jaafar: Administrative Decisions, 3rd Edition, Dar Al-Nahda Al-Arabiya, Cairo, 2013.
d. Tharwat Badawi: Constitutional Law and the Development of Political Systems in the World, Cairo University Press, Cairo, 1969.
d. Tharwat Badawi: The Gradualization of Administrative Decisions and the Principle of Legitimacy, Dar Al-Nahda Al-Arabiya, Cairo, 2007.
d. Khaled Samara Al-Zoubi: Administrative Decision Between Theory and Practice, 1st edition, Arab Center for Student Services, Amman, 1993.
d. Sami Gamal Al-Din: The Inclusion of Legal Rules and Principles of Islamic Sharia, Manshaat Al-Ma'arif, Alexandria, 1986.
d. Suleiman Muhammad al-Tamawy: The Administrative Judiciary, Book One, The Judiciary of Revocation, Part 2, Dar Al-Fikr Al-Arabi, Cairo, 1976.
d. Ghazi Faisal Mahdi and Dr. Adnan Uriel Obaid: Administrative Judiciary, 4th Edition, Dar Al-Salam Law Library Publications, Al-Najaf Al-Ashraf, 2020.
d. Fouad Al-Attar: Administrative Judiciary, Dar Al-Nahda Al-Arabiya, Cairo, 1967.
d. Qazou Muhammad Akli: Lessons in Constitutional Jurisprudence and Political Systems, Dar Al-Khaldoniyah for Publishing and Distribution, Algeria, 2006.
d. Majed Ragheb Al-Helou: Administrative Judiciary, Knowledge Manshaat, Alexandria, 2004.
d. Mazen Lilo Radi: Fundamentals of Administrative Judiciary, 4th Edition, Dar Al-Masala for Printing and Publishing, Baghdad, 2017.
d. Maher Salih Alawi Al-Jubouri: The Mediator in Administrative Law, 1st Edition, Dar Ibn Al-Atheer, Mosul, 2009.
d. Muhammad Al-Majzoub: The Lebanese Constitutional Law and the Most Important Political Systems in the World, University House, Beirut, 1998.
d. Muhammad Abdel Hamid Abu Zaid: The Reference in Administrative Law, 2nd Edition, Al-Ashry Press, Cairo, 2007.
d. Mahmoud Hafez: Administrative Judiciary in Jordan, 1st Edition, University of Jordan Publications, Amman, 1987.
d. Najeeb Khalaf Ahmed Al-Jubouri and Dr. Muhammad Ali Jawad Kazem: Administrative Judiciary, 6th edition, Yadkar Library, Dohuk, 2016.
Dr. Issa Turki Khalaf Al-Jubouri: Precedence in Administrative Decisions, 1st Edition, Ali Al-Shandi Library for Printing and Publishing, Baghdad, 2020.
Dr. Hani Ali Al-Tahrawi: Local Administration Law - Local Government in Jordan and Britain, House of Culture for Publishing and Distribution, Amman, 2004.
Second: Theses and university dissertations:
Refer to Abd al-Rahman: Legal Guarantees for the Principle of the Supremacy of the Constitution, a graduation note for obtaining a master’s degree in public law, University Center - Maghnia, Institute of Law and Political Science, Algeria, 2020.
Sinan Bahaa El-Din Muhammad Al-Hashemi: A Rule for the Graduation and Control of Administrative Decisions - A Comparative Analytical Study, Master Thesis, Faculty of Law, Near East University, Nicosia, 2020.
Fahima Belhamzi: Legal Security of Constitutional Rights and Freedoms, PhD thesis, Faculty of Law, University of Mostaganem, 2017-2018.
Muhammad Rabie Musa: The Legislative Authority of the Head of State in Modern Systems, Ph.D. Thesis, Faculty of Law, Cairo University, 1995.
Third: Research:
d. Amer Ayyash: The nature of the parliamentary system in Iraq under the effective constitution of the Republic of Iraq for the year 2005, published research, Law Journal, College of Law, Al-Mustansiriya University, Vol. 4, p. 13, 14, 2011.
Fourth: Constitutions and Laws:
The Disciplinary Law of State and Public Sector Employees No. 14 of 1991, as amended.
The Constitution of the Republic of Iraq for the year 2005.
Law of Unorganized Governorates in a Region No. 21 of 2008 as amended.