The authority of the administrative judge to compel the administration to disclose the reason for its decision (Comparative study)

  • Prof. Dr. Haidar Abdul Nabi Touli Sumer University - College of Law
  • M. Zaid Ajami abSheit Sumer University - College of Law

Abstract

The Administrative Judge exercises wide powers in the area of administrative disputes. He directs the procedures and may order the administration to provide the court with documents. Some even call the administrative judge the prince of the proceedings. This is contrary to the civil judge who is directed by individuals in accordance with the principle which states "the rivalry is the possession of the adversaries." The administrative judge is the most vulnerable judge by virtue of the distinctiveness of the dispute before him. He can summon the president of the republic, the Prime Minister, the director of the central bank, the governor, and other influential people to appear in front of him. The Administrative Judge shall deal with either the cancellation of an administrative decision after its implementation or the right of the aggrieved to obtain compensation which requires the administration to disclose the reason for its decision and limit its influence, arbitrariness. The aim is to apply the principle of legality and the establishment of a legal state and the preservation of rights and freedoms. The civil judge is not subjected to similar pressure because he settles matters related to a private interest and persons of private law.                                                                       
Published
2021-07-27
Section
Articles