The Doctrine of Manifest Error in Administrative Decisions Between Theory and Practice in the Iraqi Judiciary: A Critical Analytical Study

Abstract

This paper analyzes the theory of evident mistake in administrative decisions as a crucial judicial mechanism established by administrative courts to oversee the discretionary powers of the administration and avert their misuse. This doctrine originated in French administrative jurisprudence, serving as a legal instrument for the judge to evaluate administrative decisions made under discretionary authority. Subsequently, the doctrine was embraced in Egyptian administrative jurisprudence under the principle of “manifest unreasonableness,” and ultimately manifested in Iraqi administrative practice via the rulings of the General Disciplinary Council, the Administrative Judiciary Court, and the Administrative Supreme Court. The study seeks to elucidate the theoretical and jurisprudential framework of the doctrine of manifest error in administrative decisions and to examine the legal foundations underlying it, especially its connection to the principles of proportionality and administrative suitability in judicial review. The study further investigates the practical judicial applications of this doctrine in Iraq and emphasizes the role of the administrative judiciary in curbing the misuse of discretionary power, particularly in disciplinary decisions, employment termination, and administrative transfers. The study use analytical, comparative, and critical approaches to examine legal documents and judicial decisions in France, Egypt, and Iraq, while analyzing the evolution of this concept throughout different legal systems. The study concludes that Iraqi administrative courts have implemented the essence of this theory in reality, notwithstanding the lack of clear legislative codification.  The paper advocates for the explicit codification of this idea in Iraqi administrative law and the establishment of objective standards to inform court review, thus enhancing legal protection for persons while preserving the efficient operation of public administration.