Limits of the Administrative Judiciary’s Powers in Annulment Lawsuit

Abstract

The nullity plea is characterized by some elements. These elements have important effects concerning of administrative judge in the plea. These various effects go with the plea in all its stages from accepting it until its end. In fact, we have come across that the limits of these authorities are of two kinds namely the conditions of accepting the nullity plea and the acts of sovereignty and legislative limits. The second type is confined only to Iraq.
The second stage of the plea in the investigation by the judge about the validity of the pretension embodied by the vice in the administrative decision.
This will make the attacked decision illegitimate. Moreover, we have found that the powers of the administrative jurisprudence are not absolute. These are characterized by two kinds of limits. The first is the discretionary power which is related to the internal vices such as the abuse of power and the vice of the cause. As for the second, it is reflected by the exceptional conditions. The second one does not include all the vices of the administrative decision but it concerns the vice of incompetence and the violation of law.