الاساس القانوني لصلاحية المحكمة الادارية العليا في العدول عن الاجتهاد القضائي الاداري –دراسة مقارنة | ||
| AL-Qadisiya Journal For Law and Political Sciences | ||
| Volume 13, Issue 2, August 2022, Pages 147-163 PDF (1.02 M) | ||
| Authors | ||
| أ.م. د. فرقد عبود عواد; امير عدنان نغيش | ||
| AL-Qadisiya Journal | ||
| Abstract | ||
| Reversing the administrative jurisprudence involves a set of risks that affect the principles of legal security and judicial security, and it takes its extent in the principles decided by the higher administrative courts in the judgments they issue while they are in the process of considering the disputes submitted to them. When referring to the Iraqi State Consultative Council Law No. (65) for the year 1979, as well as its amendments, it becomes clear to us that there is no explicit provision for the authority of the Supreme Administrative Court to reverse some of its previous jurisprudence. On this basis, we searched for the legal basis for the authority of the Supreme Administrative Court to abandon the jurisprudence, and it became clear to us that it can exercise that authority based on its discretionary authority. Administrative Judicial. | ||
| Keywords | ||
| Reversing the administrative jurisprudence; the justifications for reversing the jurisprudence; the Supreme Administrative Court; the power of the Supreme Administrative Court to reverse the jurisprudence; the judicial applications of reversing the jurisprudence | ||
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