The authority of administrative control between limits and deviation

Abstract

: The study entitled "Administrative Control Authority between Boundaries and Deviation" seeks to comprehend the application and organization of administrative control authority and how to ensure a balance between this authority and the principle of legitimacy in legal and administrative contexts. The study is based on a principal hypothesis suggesting that administrative control authority requires the implementation of transparent mechanisms and precise standards to achieve equilibrium between its authority and the principle of legitimacy. The study focuses on preventing arbitrariness and deviation from legally defined boundaries. The study aims to achieve several objectives: clarifying the granting and exercise of administrative control authority in administrative bodies according to laws and regulations, defining the boundaries and standards governing the application of administrative control authority while maintaining the principle of legitimacy,

 analyzing factors that may lead to the deviation of administrative control authority from established rules and laws, presenting mechanisms and procedures to prevent such deviation, and elucidating ways to enhance the principle of legitimacy through increased transparency and accountability in administrative decisions. The study employs an analytical research methodology to understand and analyze concepts such as administrative control authority, the principle of legitimacy, and the relationships among different elements within the studied phenomenon. The study explores ways to regulate administrative control authority and avoid deviation, along with questions related to mechanisms for achieving balance, defining legal boundaries, and developing accountability and oversight systems. The study arrives at a set of conclusions concerning the significance of the principle of legitimacy, the role of the judiciary and constitutional oversight in monitoring and reviewing the application of authorities to ensure their compliance with the law and the constitution, achieving a balance between administrative control authority and the principle of legitimacy, defining the scope and standards for implementing administrative decisions, and controlling authority deviation through the judiciary and various regulatory institutions. It also highlights the role of sovereign decisions and public interests, emphasizing that they must align with the principle of legitimacy and laws under the oversight of the executive authority. Finally, the study underscores the constitutional role of the Supreme Federal Court in Iraq in achieving balance between legal sovereignty and the principle of legitimacy by overseeing the application of federal laws and sovereign decisions The study harmonizes the principles of legitimacy and administrative control authority, emphasizing the necessity of achieving balance between them through laws and regulatory bodies. It stresses the importance of upholding the "principle of legitimacy" to ensure legal governance and fairness in the implementation of administrative decisions.