Conditions for the Application of the Principle of Equity in Administrative Legislation in Iraq and Iran and in Imami Jurisprudence

Abstract

This research aims to elucidate the foundations of the principle of equity, identify the conditions for its realization within the administrative sphere under Iraqi and Iranian law, and examine its contribution to balancing the public interest with individual rights. It also seeks to define the Sharia-based, rational, and jurisprudential (*usuli*) grounds upon which the principle rests in Imami jurisprudence. The research highlights the importance of equity as a vital mechanism for curbing the abuse of power and ensuring justice in the application of legal rules—particularly in relationships involving the administration—while outlining the similarities and differences between the legal frameworks of Iraq and Iran and the Imami jurisprudential perspective. The study employs a descriptive-analytical approach to examine relevant constitutional and legislative texts, as well as *usuli* and jurisprudential rules concerning equity, alongside a comparative method to weigh the positions of Iraqi law, Iranian law, and Imami jurisprudence. The research concludes that the principle of equity is grounded in the concepts of justice, equality, and rights protection within both the Iraqi and Iranian legal systems; in Imami jurisprudence, it relies on Sharia texts and the rational perception of equity as virtuous and injustice as reprehensible. Furthermore, the study finds that realizing equity does not depend solely on the existence of a legal provision but requires judicial independence, effective judicial oversight, and the regulation of administrative discretion. Finally, it demonstrates that despite the differing sources of the principle—ranging from positive legislation to Imami jurisprudence—there is a clear convergence in its ultimate objective: protecting rights, preventing injustice, and balancing public and individual interests. The research also demonstrated that applying the principle of equity in the administrative sphere helps address situations where rigid legal rules may prove insufficient to achieve justice, thereby enhancing the protection of individuals against administrative decisions. Furthermore, the study emphasized the importance of developing oversight mechanisms for administrative actions to ensure that equity is applied within the bounds of legality.