Images of administrative act in interpreting the law and its nature

Abstract

This research examines administrative action in the interpretation of law as a significant manifestation of administrative activity. This process plays a pivotal role in implementing legal provisions and achieving their practical objectives. In the course of exercising its competencies, the administration may encounter legal texts characterized by ambiguity or generality. This necessitates administrative intervention to interpret these texts and clarify their application, thereby ensuring the regular operation of public services and the realization of the public interest.

The study further explores the various forms of administrative interpretative action, distinguishing them from other internal organizational procedures. It highlights the fundamental differences between original administrative action and subsidiary administrative action within the context of interpretation. This distinction is crucial for determining the legal nature of these actions and the extent of their susceptibility to judicial review. Furthermore, the research seeks to analyze the nature of the interpretative administrative act, determining whether it constitutes a legal act producing autonomous effects or merely an organizational measure with no independent legal impact. This research employs an analytical and comparative approach, analyzing relevant legal texts and clarifying their content and scope of application within the Iraqi legal system, in comparison with the French and Egyptian legal systems. The aim is to identify areas for emulation should any strengths be found in either system. The topic is addressed in two sections. The first section examines the forms of administrative action in interpreting the law, divided into two subsections: the first concerning primary administrative action and the second concerning secondary administrative action. The second section explores the nature of administrative action in interpreting the law, also divided into two subsections: the first examining whether administrative action in interpreting the law is a legal act, and the second examining whether it is an illegal act.