The impact of the public utility s theory into force and implementation of the administrative decision | ||
| AL- Mouhakiq Al-Hilly Journal for legal and political science | ||
| Article 1, Volume 8, Issue 2, June 2016, Pages 605-642 | ||
| Authors | ||
| Rafah Kareem Karbal Dr; Nidhal Ismeel Hassan | ||
| Abstract | ||
| Abstract This study aims to indicate the effect of general utility theory on administration decisions fulfillment, whether that was towards the administration or the individuals. As for the effect of general utility on forcing the administrational decisions towards the administration, it shows in two important ways which are: terms of administrational decisions with no more further investigation of the past and case of possible cancellation on the effect of decisions which has being made by the administration for later date of their issuance. As for the theory effect on fulfill the decisions towards the individuals, where decisions can't be made only after their knowledge by an announcement or by being published or by certainty. The general utility theory has a clear effect on implementing administrative decision and through that theory the administration was able to implement the decisions by itself and in a direct way according to special cases, if there is a direct statement in the law gives permission to the administration to act directly, necessity, or when individuals refrained by acting the law. If the administration does not wish to implement the decision by itself then it will refer to court where they have the authority of claims of criminals or civil to ensure of acting the administrational decision in accordance to judicial decisions. | ||
| Keywords | ||
| The impact; public utility s theory; force and implementation; administrative decision | ||
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