The legal basis for the emergence of acquired rights within the scope of administrative decisions in Iraqi and Iranian law

Abstract

This research examines and analyzes the legal basis for the emergence of acquired rights within the scope of administrative decisions, through an in-depth comparative study between Iraqi and Iranian law. Acquired rights are considered one of the most important legal guarantees associated with the principle of legal certainty and the stability of legal positions, while at the same time constituting one of the main constraints on the administration’s power to withdraw or annul its administrative decisions.

The importance of the research lies in addressing the central issue of the extent to which it is possible to reconcile the requirements of the principle of legality with the necessity of protecting individual rights that have become established by virtue of administrative decisions. The study begins with an analysis of the legal basis of administrative decisions in both legal systems, clarifying the possibility of administrative correction of lawful and unlawful decisions and its impact on the protection of acquired rights, in addition to identifying the legitimate reasons for correcting administrative decisions.

The research also pays particular attention to examining the effect of the legality of an administrative decision on the acquisition of rights, as well as the position of the judiciary regarding defective decisions, especially null or grossly flawed decisions, and the extent of their ability to produce acquired rights. Furthermore, the study addresses the constitutional and legal foundations for the protection of acquired rights in Iraq and Iran, highlighting the role of the administrative judiciary—particularly the Iraqi Administrative Court and the Iranian Administrative Justice Court—in consolidating this protection and defining its scope and limits.

The research also discusses the correction of illegality and evaluates the extent to which the related exceptions are consistent with the principle of the rule of law.

The study concludes with scientific findings that contribute to the development of the theory of acquired rights in comparative administrative law, by highlighting points of convergence and divergence between the Iraqi and Iranian systems, and by proposing legislative and judicial solutions that enhance the legal protection of acquired rights without undermining administrative powers or the requirements of the public interest, in amanner consistent with the principles of a state governed by the rule of law and institutions