سُلطة القاضي الإداري العراقي في إكمال الأدلّة ( دراسة مقارنة)

The authority of iraqi administrative judge to complete the evidences (A comparative study)

Whereas the judiciary is an arena for justice, and for the realization of what is required to maintain tampering with, or insulting to it The administrative judge’s duty was to dominate the lawsuit brought in front of him from persons, procedures, and rulings, whatever the status of the one in his hands, by stripping him of all titles of these attributes, There is no authority, and no privilege for the opponent in the dispute other than equality, and the dispossessed subsidy has the right to take it back from those who stole it. For opponents, and the one who is based on it must be as much . Judgment is a rule of secrecy for opponents, and the one responsible for it must be as much.
Therefore, the legislator in various countries, especially in France, Egypt, and Iraq, did not lose sight of granting the administrative judge with the greatest responsibility in the judiciary the authority to complete incomplete evidence, even if this was not explicitly mentioned in the core of the Administrative Judicial Law, which is the law of the State Council for each of these countries, except that it He endeavored to give him all the comprehensive powers of this authority by referring him to the general procedural laws, including the Civil Procedure Law, and the Evidence Law, which gave the judge a full positive role, by expanding his authority to file the lawsuit, and related evidence as well as requiring him to investigate the facts, And the advanced interpretation in order to complete the judicial conviction that prepares it for the issuance of a fair judgment.
Based on a progress that proves to the administrative judge the full discretionary power to complete the missing evidence, he shall seek the help of the evidence provided in these laws (general procedural law)
In a manner commensurate with the administrative case, which is supported by the nature of his distinguished position from the civil judge, and the criminal judge attributed to the constructional nature of the administrative law, so that the judge will be a diligent judge, innovative to solutions even in the most severe crises, including what the administrative case suffers from the inequality of its parties, and the strong position of the opponent embodied in the administration So that his role in restoring the balance between the two parties to the lawsuit, and facilitating the task of proof against the weak public authority discounted position by transferring the burden of proof, and violating the course of general rules in imposing the showing of evidence on the defendant (management) instead of the plaintiff (the individual, a Moral private persons);
For possession of documents, evidences, and most of what relates to the case, and thus achieving the possible conviction to adjudicate the case without wrongdoing, and unfairly, with the assistance of objective and procedural guarantees available to him and necessary to achieve this.