Regulations of the Administrative Judge's Authority in Legal adapting of the Administrative Lawsuit

(A comparative study)

Abstract

The research into the competence of the administrative judge in adapting the administrative lawsuit is due to the importance of the legal adaptation process, as it is a principle that is flawed and deficient in Iraqi law and has not been adequately addressed from the organizational and judicial perspective. In addition, there is the importance of legal adaptation in the administrative lawsuit, as the administrative judge undertakes the task of resolving unequal disputes, where solutions were provided by addressing the problems facing the judiciary when carrying out legal adaptation by stating the general lines and clear features of the principle of legal adaptation of the administrative lawsuit. Also, a statement of the authority of the Supreme Administrative Court in the field of supervision of legal adaptation. The research adopted the comparative analytical approach, and the research reached a number of results and proposals, the most important of which is that there are restrictions that limit the authority of the administrative judge when carrying out the legal adaptation process, represented by objective restrictions and subjective restrictions, and that the administrative judge is obligated in principle to adhere to the subject of the administrative lawsuit and what the opponents raise in accordance with what is required by the general principles of procedures.