الإستدلال المنطقي وأثره في تكوين قناعة القاضي الاداري ( دراسة مقارنة )

Logical Reasoning and its Effect in Forming the Administrative Judge’s Conviction (A Comparative Study)

The assurance of administrative justice lies in the integrity of judgments rendered by the administrative judge. The latter is responsible for approaching justice reasonably, ensuring the ruling results from the procedures followed in the case before him. They engage in a cognitive process to comprehend the facts of the case and assess the value of the evidence presented, leading to the application of the appropriate legal provisions to those facts. This process is referred to as logical reasoning. The administrative judge has the discretion to assess the facts and evidence of the case, which is determined by the status and nature of the administrative lawsuit. However, this power is not absolute but rather subject to guidelines and limitations, as the deducting of facts and evidence and the drawing of conclusions by the judge should be within the boundaries of sound logic.
The judge may encounter particular challenges that taint his reasoning process and lead to flawed judgments. These challenges may arise from defects in deduction, deficiencies in articulation, or other mistakes. To prevent such issues, comparative legislations, including the Iraqi legislator, have adopted preventive measures, such as controlling the legal reasoning of instance courts by revising their judicial decisions. This aims to ensure the presence and sufficiency of the grounds that lead to the conclusions reached by the instance courts. Moreover, it goes beyond that by empowering supervisory authorities the power to rectify or annul defective judgments or even to render a decision on the merits of the case without referring it back to the instance court. This is achieved through the mechanisms that help identify logical reasoning problems. To guarantee the continued enforceability of judicial judgments and to protect litigants, it is necessary to establish legislative and judicial means that correct such judgments, prevent their wastage, and ensure the neutrality and independence of the judicial system.