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

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."

Authors

Institutions

Publication Details

Journal
AL-Qadisiya Journal For Law and Political Sciences
Published
2025-09-01
DOI
https://doi.org/10.63677/jqlap.2025.161160.1362
Primary Topic
Ombudsman and Human Rights
Type
article
Field-Weighted Citation Impact
0.00
Controls
|||
ALL TIME
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEP
OCT
article

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

Rasha Abdul Razzaq Jassim
AL-Qadisiya Journal For Law and Political Sciences
Ombudsman and Human Rights
article

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

Rasha Abdul Razzaq Jassim
article en

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."

AL-Qadisiya Journal For Law and Political SciencesVol. 16(Issue: 2 part 1)
Mustansiriyah University (IQ)
Peace, Justice and strong institutions
Openalex Percentile: Top 11%
Ombudsman and Human Rights
AI Navigator

Ask Laika to Summarize, Analyze, and Connect papers live on the map.

Summarize Papers & Methodologies

Extract key findings, datasets, and comparative methods across publications.

Benchmark Rankings & Visual Analytics

Rank top research institutions, authors, funders, topics, and journals by Field-Weighted Citation Impact (FWCI) and paper volume with instant charts.

Connect Distant Disciplines

Bridge topological clusters on the map to find hidden collaborative intersections.