administrative judiciary’s control over the facts of administrative control decisions in exceptional circumstances -Comparative Analytical Study-

Section: educational and psychological sciences
Published
Jun 24, 2025
Pages
41-64

Abstract

There is no doubt that the judicial oversight over the powers and authorities of the control authorities differs in normal circumstances from that in exceptional circumstances, where the authorities of the administration expand in the end so that it can face these circumstances and transform ordinary legality into the legitimacy of crises; But it is not enough for the control authorities to claim that there is an exceptional circumstance that justifies their illegal actions without evidence of the existence of the facts that necessitate that, and that the administrative judiciary simplifies its control over the existence of material facts and the legal adaptation of those facts with a proportionality between the seizure decision and the realistic situation that prompted the administration to issue it, ie: Appropriate oversight, and judicial oversight in both France and Egypt is strict on material facts, as well as the appropriateness of their gravity with the measures taken in exceptional circumstances, unlike Iraq, where we do not see tightening this oversight as we will explain later. Administrative control on the facts of administrative control decisions in exceptional circumstances. In the second requirement, we talk about the applications of the administrative judiciarys control over material facts and their legal and appropriate adaptation in France, Egypt and Iraq, respectively, Finally we conclude the study with a set of conclusions and suggestions that we will reach.

Identifiers

Download this PDF file

Statistics

How to Cite

Husain, K., & خليل. (2025). administrative judiciary’s control over the facts of administrative control decisions in exceptional circumstances -Comparative Analytical Study-. Journal of Education for the Humanities, 4, 41–64. Retrieved from https://ojs.uomosul.edu.iq/index.php/jeh/article/view/5817