The college of law at the University of Baghdad discussed the doctoral dissertation in the public law of the student (Reyam Karim Obaid), which was marked with (the role of administrative justice in balancing legality and the principle of legal security-a comparative study), on Sunday, 20/10/2024 on the model courtroom at the college.
The dissertation aimed to determine what the administrative judiciary should be based on judicial grounds to explain the justifications for the predominance of legality over legal security and to indicate the considerations that push the administrative judiciary to uphold legal security over the principle of legality to reach a state of balance between the two principles.
The dissertation included four chapters, the first of which dealt with defining the conceptual framework of the principles of legality and legal security, the second chapter dealt with the weighting of the administrative judiciary of the principle of legality over legal security, the third chapter dealt with the predominance of legal security over legality and the fourth chapter dealt with the role of administrative justice in reconciling legality and legal security.
The dissertation came up with several recommendations, the most important of which is to call on the Iraqi legislator to include in the law of the State Council an explicit mechanism on the issue of partial cancellation of administrative decisions in order to preserve positions and rights, calling on the Iraqi legislator to explicitly enshrine the principle of legal security in the texts of the Constitution of the Republic of Iraq for a year 2005 to ensure the rights of individuals.
