The effectiveness of administrative judiciary oversight of independent bodies - An analytical study -
الكلمات المفتاحية:
- Effectiveness. - Judiciary. - Administrative . - Bodies. - Independent.الملخص
Abstract: The administrative judiciary plays an active role in protecting the principle of legality, especially with the spread of democratic regimes. As for the independent bodies, they are a new type of administration that was established for reasons and justifications to ensure that they are not influenced by another authority. However, this does not mean that they are not subject to the supervision of the judiciary, especially the administrative one, because absolute power corrupts. Absolute, so it must be supervised by the administrative judiciary because it monitors the work of independent bodies through their legal actions, which are represented by administrative decisions. However, administrative reports are usually issued by independent bodies and these reports are not absorbed by the legislative texts in the administrative judiciary because the legal value follows the type of action taken by The administration, therefore, is not subject to the supervision of the administrative judiciary, which cannot monitor it because it does not directly establish, modify, or cancel legal centers. Therefore, the Iraqi legislator must amend the State Council law and add administrative reports to ensure the protection of rights and the principle of legality.
المراجع
Sources
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Iqbal Fadel Khudair, Judicial Control over the Defect of Reason in Administrative Decision, Master's Thesis in Public Law, University of Baghdad - Faculty of Law, 2014
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Ahmed Hamza Nasser, Legal Organization of the Employees Judiciary Court, research published in Babel Journal for Human Studies, Volume 9, Part 3, 2019.
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