The authority of the administrative judge to prove the deviation of authority in administrative control decisions

Jassim, Rasha AbduL Razzaq

doi:10.63677/jqlap.2025.161160.1362

The authority of the administrative judge to prove the deviation of authority in administrative control decisions

https://doi.org/10.63677/jqlap.2025.161160.1362

Volume 16, Issue: 2 part 1 - Serial Number 2
Summer 2025

Pages 65-76

AL-Qadisiya Journal For Law and Political Sciences

Document Type : Research Paper

Author

Rasha AbduL Razzaq Jassim

Al-Mustansiriya University - College of Law

Abstract

According to the general rule of the validity, legitimacy and conformity of administrative decisions with the law, and whoever claims otherwise must prove it according to the well-known grammatical rule (the burden of proof is on the one who claims and the oath is on the one who denies). Therefore, the administration always seeks, when issuing administrative decisions, to achieve the public interest. If it seeks a personal interest for itself or deviates from the goal that the legislator has set for it in itself, i.e. it violates the principle of allocating the goal, then its decision in this case will be flawed and tainted with the defect of deviation in the use of authority or abuse or arbitrariness in the use of authority, which makes it flawed and deserving of cancellation.
The research problem lies in the fact that "the defect of deviation of authority relates to the intention of the decision-maker and whether or not the administrator seeks to achieve the public interest by issuing the administrative decision." "Here, the administrative judge's role begins in investigating the administration's commitment, in its decisions, to achieving the public interest or the objectives set for it by the legislator."

Keywords

Authority

Administrative Judge

Proof of Dismissal

Deviation