Substantive and Procedural Measures for Challenging Administrative Decisions

Abstract

        This research examines the substantive and procedural requirements for challenging administrative decisions through a comparative analytical study of the Iraqi and Iranian legal systems. It aims to identify the legal safeguards established to protect individuals’ rights while ensuring the principle of legality in administrative actions. The study addresses the substantive aspects of administrative appeals, including time limits and legal grounds for challenge, as well as the procedural requirements for filing administrative claims and the legal consequences of non-compliance. It also analyzes the approaches adopted by the administrative judiciary in both countries. The study concludes that although the Iraqi and Iranian legal systems share common principles governing judicial review of administrative decisions, they differ in several procedural aspects, particularly regarding appeal time limits and the regulation of administrative grievances. The research recommends revising Iraqi legislation to achieve a better balance between the stability of administrative decisions and the effective protection of the right to litigation, while  benefiting from selected aspects of the Iranian experience.