ISSN: 2265-6294

Theories and methods of judicial control of administrative decisions

Main Article Content

Mohammed Salim Lhaimus,Rasha Abd al-Razak Jassim

Abstract

The “obvious error in estimation theory” is one of the types of judicial oversight of the French State Council, which is embodied in the control over the legal adaptation of the material existence of the facts taken by the administration as a reason for issuing its administrative decision. Disciplining the violating public employee, and according to the administrative judiciary in Iraq, most of its rulings relate to the content of proportionality and appropriateness. The term “obvious error” was not dealt with in explicit and clear terms, meaning that the rulings of the administrative judiciary in Iraq have many commonalities, which are consistent with the content of the theory of apparent error, but implicitly, as well. On that, the administrative judiciary in Iraq took the content of the theory of exaggeration, but also implicitly through many rulings in the field of job discipline, based on the principle of proportionality and appropriateness.

Article Details