إثبات عيب الانحراف بالسلطة : دراسة مقارنة

Abstract EN

The study reveales the role of the adminstrativ judge in the proof and the means used in proving this defect.

To achieve this end, the study relied on the analytical descriptive approach and the comparative method.

A comparison was made between the judgments of the administrative courts in the Iraq and Jordan .

The study came out with a number of conclusons, the most prominent of which was the expansion of the Jordanian Administrative Judiciary in ways of proving the defect ofdeviance of Authority, granting itself the authority to draw the evidence of this defect even from facts and cand circumstances beyond the conflict and rooted in it, in order to emphasize the creative judicial approach to the rules of administrative law.

However, we do not find a similar application of this practice of proving the defect of deviation of power in the rules of evidence applied in the administrative and Iraqi judiciary.