Administrative judiciary control over sovereign acts in Iraqi and Egyptian law

Abstract

As a result of the emergence of the modern state of law, where governance is no longer a right but rather a function exercised by the state in accordance with governing rules, the inoculations of human thought have created what is called the principle of the rule of law, or as it is called in the jurisprudence of administrative and constitutional law. The principle of legitimacy or the principle of submission to the law, a principle that has permeated the legal conscience and become established within it until it became one of the ideals sought by organized societies. It requires the restriction of state authority and the guarantee of its submission to public law. The administration must adhere, in all its actions, to the limits set forth in the set of legal rules established in the state, and its activities must be conducted within the scope of these rules, whether these are codified sources (the constitution, ordinary laws, regulations, treaties, judicial rulings, administrative contracts) or uncodified sources (custom, general legal principles). This is based on their legal hierarchy, whereby the lower rule is subject to the higher rule in terms of form and substance. The actions of public authority must be conducted within the framework of the law, and individuals' obligation to respect its decisions must be based on their respect for this law. These decisions are a dangerous weapon in the hands of the executive authority due to their legal force, which puts the rights and freedoms of individuals at risk. This necessitates the availability of guarantees when resorting to these decisions. The most effective guarantee in this field is judicial oversight, specifically administrative judiciary oversight, which is distinguished by its effectiveness in this regard. What increases the effectiveness of this oversight is the development that constitutions have achieved in regulating these decisions. Iraq is one of the countries whose constitutions include this type of decisions.