الرافدین للحقوق (Jun 2024)

Administrative custom within the scope of public employment -a comparative study-

  • Ahmed Alrubaee

DOI
https://doi.org/10.33899/arlj.2024.147468.1317
Journal volume & issue
Vol. 26, no. 87
pp. 281 – 302

Abstract

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AbstractAdministrative custom is an important source of law in general, and this importance increases if the field of application of this custom is administrative work. Therefore, administrative custom has a prominent specificity in the field of the principle of legality. From here, this importance increases in light of the ambiguity of some administrative customs and their lack of precise definition, which requires... That the administrative judge intervenes in determining the existence of these norms and the extent of their validity, thus consolidating them and truly evaluating the work of the administration, which may be based on norms whose conditions have not yet been integrated or one of which has been diminished for some reason. This picture that we are talking about is nothing but the limits drawn by the judge or legislator. For the administration to proceed within the scope of the principle of administrative legitimacy based on an administrative custom. It is correct and fulfills the conditions. Hence, this study came to define this scope and show its practical applications in the field of administrative work.

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