Implications for reversing the administrative judiciary

The administrative judiciary has a basic role in the formation of the rules of administrative law, despite the presence of a large amount of administrative legislation. This role clearly emerges due to the continuous development in life and the accompanying need for the executive authority to keep pace with those developments, which the legislator may not foresee in advance to set rules of organization for them, so the administrative judiciary must resolve What may arise from a dispute or what it expresses of an opinion. Although the legal system in Iraq makes the judiciary a backup source and makes the guidance of previous judicial rulings issued by the courts of higher degrees an appropriate solution, but we have a different opinion regarding this, as there is nothing to prevent the review of previous judicial rulings and the adoption of The principles it decides, society needs the stability of the law and the unity of its application. If that application differs from one judge to another and from one case to another, the law will lose its true meaning and its purpose will recede, so the issue of unifying court rulings becomes a kind of fantasy, and the judiciary plays an active role in protecting legal security and the stability of legal centers. Researching the reversal of the administrative judiciary in both the areas of fatwa and the judiciary, and knowing the reasons behind the reversal of the administrative judiciary from previous rulings and opinions, or else Legal arguments that justify reversal and the effects it produces.

Anahtar Kelimeler: administrative judiciary, reversing, consequences

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The administrative judiciary has a basic role in the formation of the rules of administrative law, despite the presence of a large amount of administrative legislation. This role clearly emerges due to the continuous development in life and the accompanying need for the executive authority to keep pace with those developments, which the legislator may not foresee in advance to set rules of organization for them, so the administrative judiciary must resolve What may arise from a dispute or what it expresses of an opinion. Although the legal system in Iraq makes the judiciary a backup source and makes the guidance of previous judicial rulings issued by the courts of higher degrees an appropriate solution, but we have a different opinion regarding this, as there is nothing to prevent the review of previous judicial rulings and the adoption of The principles it decides, society needs the stability of the law and the unity of its application. If that application differs from one judge to another and from one case to another, the law will lose its true meaning and its purpose will recede, so the issue of unifying court rulings becomes a kind of fantasy, and the judiciary plays an active role in protecting legal security and the stability of legal centers. Researching the reversal of the administrative judiciary in both the areas of fatwa and the judiciary, and knowing the reasons behind the reversal of the administrative judiciary from previous rulings and opinions, or else Legal arguments that justify reversal and the effects it produces.

Keywords: administrative judiciary, reversing, consequences

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Zainab Kareem & Swadi Al-Dawoodi (2022). Implications for reversing the administrative judiciary. Journal of Strategic Research in Social Science, 8 (SE), 137-158.