الآثـار القانونيّةُ للتظلّم الإداري (دراسة مقارنة)

Abstract

Administrative grievance is an important matter because it is directly related to administrative decisions and orders that are taken by people who assume tasks in the state. Therefore، these decisions and orders may be tainted with the element of violation of the principle of legality and violation of laws، for reasons that may be natural، i.e. human nature is subject to error or errors As a matter of clinging to power، and this is a matter in the shadow of governments throughout history، and in the event that decisions or administrative orders that are tainted with an element of violation may negatively affect both the person concerned or the party issuing the decision، and this does not serve the public interest and the public facility managed by the state، which is the basic characteristic For which it was found، and in order for the decision to be valid، it must meet the basic elements in terms of the cornerstone of the place، the reason، the purpose and the formality required in it. From the Iraqi constitution for the year 2005: (It is forbidden to stipulate in the laws that any act or administrative decision is immune from appeal) and it is good that what our modern constitution provides for the immunization.