Correcting the decisions of the cassation of Supreme Administrative Court in Iraq

: Judicial judgments, whether ordinary or administrative, represent the title of the truth and not the truth itself. It may be that the judgment does not actually reflect the truth through the certainty of the person who lost the case or the accused that he never committed the act for which he was convicted. Therefore, the legislator has developed ways to challenge those judgments so that it is possible to reach, as much as possible, the truth that actually reflects what the perpetrator, defendant, or perpetrator of the administrative error did. If the issuance of the decision of cassation by the Court of Cassation or the Court of Appeal in its capacity of cassation or by the Supreme Administrative Court is considered the final step in terms of ordinary and administrative methods of challenge, it is nevertheless not the definitive step as the legislator has extended the necessary protection for the accused or defendant beyond the step of cassation in the ordinary judicial judgments by correcting the decision of cassation in accordance with the amended Iraqi Civil Procedure Law No. (83) of 1969. However, correcting the decision of cassation as a method of appeal or challenge does not exist at all in administrative judiciary judgments because it is not explicitly stipulated in the amended Iraqi State Council Law No. (65) of 1979, despite its importance in protecting the rights of individuals against the administration.

Authors

Institutions

Publication Details

Journal
AL-Qadisiya Journal For Law and Political Sciences
Published
2024-12-01
DOI
https://doi.org/10.63677/jqlap.2024.186005
Primary Topic
Judicial and Constitutional Studies
Type
article
Field-Weighted Citation Impact
0.00
Controls
|||
ALL TIME
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEP
OCT
article

Correcting the decisions of the cassation of Supreme Administrative Court in Iraq

Farkad Abood Alaridhy
AL-Qadisiya Journal For Law and Political Sciences
Judicial and Constitutional Studies
article

Correcting the decisions of the cassation of Supreme Administrative Court in Iraq

Farkad Abood Alaridhy
article en

Abstract

: Judicial judgments, whether ordinary or administrative, represent the title of the truth and not the truth itself. It may be that the judgment does not actually reflect the truth through the certainty of the person who lost the case or the accused that he never committed the act for which he was convicted. Therefore, the legislator has developed ways to challenge those judgments so that it is possible to reach, as much as possible, the truth that actually reflects what the perpetrator, defendant, or perpetrator of the administrative error did. If the issuance of the decision of cassation by the Court of Cassation or the Court of Appeal in its capacity of cassation or by the Supreme Administrative Court is considered the final step in terms of ordinary and administrative methods of challenge, it is nevertheless not the definitive step as the legislator has extended the necessary protection for the accused or defendant beyond the step of cassation in the ordinary judicial judgments by correcting the decision of cassation in accordance with the amended Iraqi Civil Procedure Law No. (83) of 1969. However, correcting the decision of cassation as a method of appeal or challenge does not exist at all in administrative judiciary judgments because it is not explicitly stipulated in the amended Iraqi State Council Law No. (65) of 1979, despite its importance in protecting the rights of individuals against the administration.

AL-Qadisiya Journal For Law and Political SciencesVol. 15(Issue: 2 part 2)
University of Al-Qadisiyah (IQ)
Peace, Justice and strong institutions
Openalex Percentile: Top 13%
Judicial and Constitutional Studies
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.