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Author: Dr. Kawa Yassin Salim
Abstract: The principle of legality is base of the self-administrative control that is considered the basic guarantee protecting individuals from the administration’s arbitrariness and makes the administration to subject to the law when exercising its activity. this guarantee is achieved at present by virtue of practicing of an important principle that is the principle of legality which has become a distinctive character of the modern state in which all rulers and ruled are subjected to law.
The study has identified the methods of non-judicial control as a general principle governing the success of applying this principle that is self-administrative control or that based upon grievance, and it has made clear the provisions that treat this kind as well as there should be legal or constitutional roots that govern, treat and stipulate them.
Administrative control should reconsider its actions that reveals itself that it committed a number of mistakes such as failure to observe some of the rules enacted by the legislator for favor of individuals and then it tends to reverse these decisions by withdrawal or cancellation, or through the grievances of individuals against those behaviors issued by decision-makers, or to the administrative president, or it may be submitted to a committee established specifically for this purpose away from the administration side.
This control is achieved by issuing orders and instructions by presidents to their subordinates to guide them in their work and the proper implementation of laws and regulations and It is also achieved by presidents’ exercise of their right to review orders issued by them or by their subordinates to continue, amend, cancel or withdraw these orders, in addition to their powers to impose disciplinary sanctions on those subordinates.
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doi:10.23918/ilic2018.18
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Journal of Law and political science
ISSN: 2079-3901
16th year , No.(23), 10 May 2018
Vol.(1): Special Issue