Tools and Mechanisms of Judicial Review of Legality in Iraqi, Egyptian, and French Legislation and Case Law: A Comparative Study

Abstract

This research examines Tools and Mechanisms of Judicial Review of Legality as one of the most important legal safeguards for ensuring that public administration remains subject to the law and for protecting individual rights and freedoms against unlawful administrative decisions and actions. Judicial review constitutes an effective means of verifying that administrative authorities act within the limits of their jurisdiction and comply with the substantive and procedural rules governing administrative activity, thereby maintaining a balance between the privileges of public authority and the protection of individuals’ legal interests. The study aims to identify the legal foundations of judicial review of legality and to analyze the principal tools and mechanisms employed by administrative courts. These include actions for annulment, compensation claims, suspension of administrative decisions, and judicial review of defects relating to jurisdiction, form and procedure, grounds, subject matter, and purpose. The research also examines judicial control over administrative discretion, proportionality, and misuse of power, as well as the role of judicial judgments in eliminating the consequences of unlawful administrative decisions and restoring affected legal positions. The research adopts a descriptive and analytical approach through the examination of relevant legal provisions and judicial principles governing the review of administrative legality. It concludes that the effectiveness of judicial review depends not only on the scope of judicial jurisdiction but also on access to justice, prompt adjudication of administrative disputes, effective enforcement of judicial judgments, judicial independence, and clear procedural rules. The study recommends strengthening judicial review mechanisms, developing urgent judicial protection, simplifying litigation procedures, and ensuring effective enforcement of judgments in order to reinforce the principles of legality and the rule of law and to provide more effective protection for individual rights.