legal organization of appeal against exam decisions In Iraqi legislation

Abstract

Since administrative decisions are issued by the executive authority in the state, represented by members of public Institutions within their administrative bodies, they are tainted by defects like errors and negligence. Such decisions are subject to such procedures as cancellation, withdrawal, or modification that may be based on a grievance submitted to the administrative authority that issued the administrative decision, to reversing its previous decision. The person affected by the administrative decision may resort to appeal to the judiciary, a right guaranteed by the constitution as well as the laws. However, there are some institutions whose laws resist this method of appeal to the judiciary due to the technical form by which its administrative decisions are characterized. Among these decisions are those related to exam matters, such as cheating, dismissal, school penalties, and other decisions related to students. These decisions are often issued by the Ministries of Higher Education & Scientific Research and Education. This leads to the collision of these legislations with the Iraqi constitution, which stipulates in its Article (100) that: "It is prohibited to stipulate in laws that any work or administrative decision is immune from appeal." This matter needs to be tackled and addressed, which is done by writing this research entitled: (legal organization of appeal against exam decisions In Iraqi legislation), to find a legal treatment for this problem.