THE ROIE OF CAUSATION IN DETERMINING JURISDICTION (ACOMPARATIVE STUDY)

Article Sidebar

PDF (العربية)
Published: Jul 14, 2024
Keywords:
jurisdiction, causation, judicial rulings

Main Article Content

Mohammed Abdul Raza Abdul Jabber
Amer Zaghir Muhaisen

Abstract

Justification is considered one of the most important elements of the judicial ruling because it has an important role in protecting the parties to the administrative case, but it represents a sure guarantee for the tool of the Supreme Administrative Court in the work of judicial oversight. Therefore, justification is one of the most important elements that contribute to determining the competent court. The ruling issued to dismiss the administrative case for lack of Jurisdiction contains the factual and legal elements on which the court relied to dismiss the case for lack of jurisdiction. The judiciary also makes an effective contribution in addressing the problems faced by the judge in determining the competent court due to the legislator’s inability to distribute jurisdiction in an organized manner. Reasoning provides solutions in determining judicial jurisdiction through principles. Legal created by the judiciary

Article Details

How to Cite
Abdul Raza Abdul Jabber م., & Zaghir Muhaisen ع. (2024). THE ROIE OF CAUSATION IN DETERMINING JURISDICTION (ACOMPARATIVE STUDY). MIsan Journal of Comparative Legal Studies, 1(10), 197–219. Retrieved from https://uomisan.edu.iq/law/mjcls/index.php/mjcls/article/view/306
Issue
Vol. 1 No. 10 (2024): Misan Journal for Comparative Legal Studies
Section
Articles

Licenses and Copyright

The following policy applies in MJCLS:
MJCLS applies the Creative Commons Attribution (CC BY) license (https://creativecommons.org/licenses/by/4.0/) to articles and other works we publish. If you submit your paper for publication by MJCLS, you agree to have the CC BY license applied to your work. Under this Open Access license, you as the author agree that anyone can reuse your article in whole or part for any purpose, for free, even for commercial purposes. Anyone may copy, distribute, or reuse the content as long as the author and original source are properly cited. This facilitates freedom in re-use and also ensures that MJCLS content can be mined without barriers for the needs of research.
If you have written permission to do so, yes. If your manuscript contains content such as photos, images, figures, tables, audio files, videos, etc., that you or your co-authors do not own, we will require you to provide us with proof that the owner of that content (a) has given you written permission to use it, and (b) has approved of the CC BY license being applied to their content. We provide a form you can use to ask for and obtain permission from the owner. If you do not have owner permission, we will ask you to remove that content and/or replace it with other content that you own or have such permission to use.Don''t assume that you can use any content you find on the Internet, or that the content is fair game just because it isn''t clear who the owner is or what license applies. It''s up to you to ascertain what rights you have—if any—to use that content.
Many authors assume that if they previously published a paper through another publisher, they own the rights to that content and they can freely use that content in their PLOS paper, but that’s not necessarily the case – it depends on the license that covers the other paper. Some publishers allow free and unrestricted re-use of article content they own, such as under the CC BY license. Other publishers use licenses that allow re-use only if the same license is applied by the person or publisher re-using the content.If the paper was published under a CC BY license or another license that allows free and unrestricted use, you may use the content in your MJCLSpaper provided that you give proper attribution, as explained above.If the content was published under a more restrictive license, you must ascertain what rights you have under that license. At a minimum, review the license to make sure you can use the content. Contact that QJAS if you have any questions about the license. If the license does not permit you to use the content in a paper that will be covered by an unrestricted license, you must obtain written permission from the publisher to use the content in your MJCLS paper. Please do not include any content in your QJAS paper which you do not have rights to use, and always give proper attribution (https://www.uomisan.edu.iq/law/mjcls/process?ethics) .
If any relevant accompanying data is submitted to repositories with stated licensing policies, the policies should not be more restrictive than CC BY.
MJCLS reserves the right to remove any photos, captures, images, figures, tables, illustrations, audio and video files, and the like, from any paper, whether before or after publication, if we have reason to believe that the content was included in your paper without permission from the owner of the content.

How to Cite
E.A.Makttoof , Kassim J.K , K.H (2020). Distribution of different forms of phosphorus in calcareous soils from middle and south of Iraq . Al-Qadisiyah Journal For Agriculture Sciences,10, 1, 2020, 293-303.

References

First: The Holy Qur'an

Second: Books

Ibn Manzur Muhammad bin Makram, Lisan al-Arab, vol. 1, Dar Revival of Arab Heritage, Lebanon, 1995.

Dr. Ahmed Abu Al-Wafa, The Theory of Judgments in the Code of Pleadings, 3rd Edition, Knowledge Foundation, Alexandria, 1977.

Dr. Ahmed Hindi, Reasons for Governance Related to the Operative Part, New University House, Alexandria, 1999.

Dr. Ismail Ibrahim El-Badawi, Judicial Judgment in the Administrative Case, Dar Al-Fikr Al-Jamia, Alexandria, 2013.

Dr. Al-Ansari Hassan Al-Eidani, The Judge and the Procedural Penalty in the Code of Procedure, 1st Edition, Hamada Press, Bqousina, Egypt, 1999.

Dr.Taha Khudair Al-Qaisi, The Judge's Freedom of Conviction, House of General Cultural Affairs, Baghdad, 2001.

Dr.Abdel Hamid Al-Shawarbi, Rules of Jurisdiction in the Light of Jurisprudence and the Judiciary, Al-Maaref Foundation, Alexandria, 1985. 8.Dr.Azmi Abdel Fattah, Reasoning of Judgments and Judicial Work in Civil and Commercial Matters, 1st Edition, Dar Al-Nahda Al-Arabiya, Cairo, 1983.

Ali Shamran Hamid Al-Shammari, Reasoning Judicial Acts in Civil Litigation (A Comparative Study), Dar Al-Fikr wal-Qanoon, Mansoura, 2015.

Dr. Ali Mohsen Taweeb Al-Khorassan, The Authority of the Supreme Administrative Court in Stopping the Implementation of the Judicial Judgment, Comparative Law Library, Baghdad, 2020.

Dr.Mahmoud Ali Hammouda, The General Theory of Causation of Criminal Judgment in its Various Stages, without Publishing House, 1994.

Dr. Nabil Ismail Omar, Reason for Judicial Request before the Court of Appeal, New University House, Alexandria, 2003.

Third: Theses and theses

Ruqayya Faleh Hussein, Methods of Oversight of the Authority of the Criminal Judge, its Means and Areas of Application, Master Thesis, College of Law, Al-Mustansiriya University, 2013.

Zainab Hussein Abdul Qadir, Adaptation of Legal Behavior, Master's Thesis submitted to the College of Law, University of Baghdad, 1999.

Fawaz Fahad Al-Adwani, Peculiarities of the Administrative Case before the Administrative Judge (A Comparative Study), PhD Thesis, Faculty of Law, Ain Shams University, Egypt, 2016.

Mohamed Abdel Karim Al-Ashram, Reasoning of Judgments in Civil and Commercial Matters (A Comparative Study), Master's Thesis, Al-Azhar University, Faculty of Law, 2019.

Fourth: Research published

Ahmed Salman Sawadi and Dr. Amer Zughair, Restrictions on the Practice of the Administrative Judge for the Procedural Course, Research Published in Maysan Journal for Comparative Legal Studies, Faculty of Law, Maysan University, Issue V, Volume One, 2021.

Dr. Hossam Ahmed Al-Attar, Reasoning Judicial Judgments (A Study in the Egyptian and French Code of Procedure), research published in the Journal of Legal and Economic Sciences, Ain University, Egypt, Volume 58, Issue 2, 2016.

Zainab Saeed Jassim and Dr. Amer Zughayr Muhaisen, Oversight of the formation of self-conviction of the administrative judge (a comparative study), research published in Maysan Journal for Comparative Legal Studies, Iraq, Issue Eight, Volume 1, 2022.

Dr. The Time of Fawzi Qait, The Formal Procedural Link within the Scope of the Civil Procedure Law (A Comparative Study), Research Published in Maysan Journal for Comparative Legal Studies, Iraq, Issue Six, Volume 1, 2022 Zainab Hussein Abdul Qader, Adaptation of Legal Disposition, Master's Thesis submitted to the College of Law, University of Baghdad, 1999.

Dr.Somaya Salah El-Din, Reasoning of Judicial Judgments (A Philosophical Legal Study), research published in the Journal of the Spirit of Laws, Faculty of Law, Egypt, Issue 99, 2022.

Dr.Alaa Ibrahim Mahmoud and Dr. Atheer Nazim Hussein, The Authority of the Administrative Court in the Legal Readaptation of Facts, research published in Al-Muhaqiq Journal for Legal and Political Sciences, University of Babylon, Iraq, Volume 6, Issue 2, 2022.

Fifth: Legislations

A. Laws

Egyptian Evidence Law No. 25 of 1968, as amended.

Iraqi Code of Civil Procedure No. 83 of 1969, as amended

. Egyptian State Council Law No. 47 of 1972.

Iraqi State Council Law No. 65 of 1979, as amended.

Sixth: Judicial Decisions and Judgments

Judgment of the Egyptian Supreme Administrative Court, Appeal No. (6452 of 47 Judicial, session 27/1/2007), referred to by Dr. Khaled Abdel Fattah Mohamed, Principles Collection approved by the Supreme Administrative Court, Part 2, Giza, 2007.

Judgment of the Egyptian Supreme Administrative Court, Appeal No. (244/38, Supreme Administrative, session of 2/1/1993) referred to. Counselor Ashraf Abdel Wahab and Counselor Ibrahim Sayed Ahmed, Encyclopedia of Justice in the Rulings of the Supreme Administrative Court, from 1990-2016, Thematic Index, 1st Edition, Part Two, 2018.

Judgment of the Supreme Court of Justice, Appeal No. (320 Supreme Court, 21/3/1999) referred to. Ibrahim Samara Al-Zoghbi, Litigation Procedures before Administrative Courts (A Comparative Study), PhD thesis submitted to the Faculty of Graduate Legal Studies, Amman Arab University for Graduate Studies, Jordan, 2007.

Judgment of the Iraqi Supreme Administrative Court, Appeal No. (106 / Employees Judiciary. Cassation) on 19/7/20018, Collection of Decisions and Fatwas of the State Council for the year 2018, Modern Endowment Press, Baghdad, 2019.

Judgment of the Supreme Administrative Court, Appeal No. (352 / Staff Judiciary - Cassation) on 2/3/2017, unpublished judicial ruling.

Judgment of the Iraqi Supreme Administrative Court, Appeal No. (559/Employees Judiciary - Cassation) on 3/8/2017, State Council Decisions and Fatwas of 2017, Modern Waqf Press, Baghdad, 2018.