مدى طاعة الموظف العام للقرارات الإدارية غير المشروعة

الملخص EN

The extent to which a public official obeys illegal administrate decisions is one of the important topics .presidential authority is no longer absolute in modern systems.

A subordinate ،s obedience to a superior is not absolute; and the duty of obedience no longer means stripping the superior off his personality، executing all decisions issued.

The superior does not possess absolute powers.

They are restricted by what is imposed by laws .

the superior may go out of the legal umbrella and issue illegal decisions ، there by violating the mast important principle on which the modern state is based ، that is ، the principle of legality and putting the superior between two matters the sweetest of which is bitter.

When receiving illegal administratrative decision، the superior either loses the principle of legality and commits to the obedience duty or loses the obedience duty and commits to the principle of legality .

therefore ،the problem of obeying illegal administrative decisions raises a dispute among jurists ، leading to three theories (The theory of absolute obedience ، the theory of legality and the theory of middle) through which and through the Iraqi and the comparative legislators provide ، we arrive at the extent to which one can obey illegal administrative decisions .

In the light of what is discussed we shall deal with the topic of (the extent to which illegal administrative decisions obedience) through dividing the study into three sections.

The first section tackles the principle of legality and the subjection of administration to law.

The second section is devoted to the superior،s attitude towards the illegal administrative decisions ، whereas the third section is concerned with the Iraqi and comparative legislators، attitude towards the obedience of superiors in illegal administrative decisions.