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Is administrative justice an overburden?
26/7/2018 12:00 am [rtl]Manal Hameed Ghanem There is a dialectical relationship between the legal state and the law-abiding society, which expresses this adherence through monitoring not the legislative authority and the laws enacted, but even the executive authority and its regulations, instructions and orders. The existence of the legal state is not subject to a strong authority capable of enforcing the law alone But also subject to a people eager to organize and interested in legal knowledge that enables him not only to obtain his right but to impose obligations on the state and according to the law if it deviated. The question that arises is whether the above criterion applies to the Iraqi people or not? The answer is not applicable, because the Iraqi is prone to chaos and organized by the authority of the state while inclined to organize according to the clan or religion and this attribute imposed by several considerations, there is no room to go now. In spite of the fact that half of the work of the administrative judiciary is focused on employees who make up approximately 5 million of the total population, this lack of knowledge is due to several reasons, the first of which is the modernity of the administrative judiciary as an independent judiciary The civil judiciary in Iraq was established in 1989 and because of the voluntariness of the judiciary to the dictatorship which is unable to control it. In many cases, the administrative judiciary was not important or known for many until 2003, where the Iraqi Constitution and Article 100 specifically China). A law was issued by the Coalition Provisional Authority to prevent any person from instituting a lawsuit to obtain his right. Several institutions and centers that supervise the work of the government have been established and the most important are the Inspector General, the State Council, the Supreme Administrative Court and others. This has greatly helped to strengthen the status of the administrative judiciary. However, there is ignorance in the administrative judiciary and its laws in the people in general and in the employees in particular and we see many decisions or orders or even systems that deserve to be challenged, but not because of ignorance of the acquisition of their right and established the idea that decisions The government is final and irrevocable. The decision remains subject to it despite the possibility of appeal. This is due to several reasons other than legal ignorance, namely, the lack of speed of proceedings in resolving the case by the Administrative Court, which sometimes reaches years and because of the cost of obtaining this right. Classified The administrative courts are the highest wage and because of the excessive effort exerted by the plaintiff in order to obtain his right because of the existence of a lot of routine and formal procedures and here fell the most important characteristics of the success of the judicial system in any country is the speed of discount and reduce the effort and costs to the parties to the lawsuit and all those reasons combined Administrative judiciary appears Some of them seem to be an overburden while the most important is the control over the actions and actions of the government. Recent examples of what is the administrative judiciary and the mechanism to reach it is the government's decision to cancel the results of the Islamic exam for the sixth. Here is a question that was supposed to be answered by everyone. To challenge this decision? And specifically? Who is the one to whom the appeal is filed? It should be noted that these questions were raised by the conscious group in society and not from the general public.[/rtl] [rtl][You must be registered and logged in to see this link.] [/rtl] |
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