AL-Qadisiya Journal For Law and Political Sciences

الاساس القانوني لصلاحية المحكمة الادارية العليا في العدول عن الاجتهاد القضائي الاداري –دراسة مقارنة

https://doi.org/10.63677/jqlap.2022.180145
Volume 13, Issue 2
Summer 2022
Pages 147-163
AL-Qadisiya Journal For Law and Political Sciences

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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  • Receive Date 16 August 2023

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