Proceedings of the 1st International Multi-Disciplinary Conference Theme: Sustainable Development and Smart Planning, IMDC-SDSP 2020, Cyperspace, 28-30 June 2020

Research Article

Apply constitutional and legislative texts relating to the non-retroactivity of laws to administrative decisions

Download683 downloads
  • @INPROCEEDINGS{10.4108/eai.28-6-2020.2298226,
        author={Torkan  Ali},
        title={Apply constitutional and legislative texts relating to the non-retroactivity of laws to administrative decisions},
        proceedings={Proceedings of the 1st International Multi-Disciplinary Conference Theme: Sustainable Development and Smart Planning, IMDC-SDSP 2020, Cyperspace, 28-30 June 2020},
        publisher={EAI},
        proceedings_a={IMDC-SDSP},
        year={2020},
        month={9},
        keywords={constitutional texts non-retroactivity of laws administrative decisions},
        doi={10.4108/eai.28-6-2020.2298226}
    }
    
  • Torkan Ali
    Year: 2020
    Apply constitutional and legislative texts relating to the non-retroactivity of laws to administrative decisions
    IMDC-SDSP
    EAI
    DOI: 10.4108/eai.28-6-2020.2298226
Torkan Ali1,*
  • 1: Northern Technical University - Technical Institute, Kirkuk Legal Management Technologies Department
*Contact email: torkan.ali@ntu.edu.iq

Abstract

In some cases, the interest of the higher society may require legislation to apply to the past even in a situation where it is prejudicial to the interests of certain individuals. In some cases, the principle of non-retroactivity of legislation may also be lacking, as is the case in legislation that eliminates or mitigates a crime (The most appropriate low to the accused), The principle of non-retroactivity of the administrative decision is intended not to be applied to the facts and legal acts that took place before a specified time for the date of validity of the decision, and it is understood that the administrative decision can't produce its effects for the past, ie before its publication or publication. The reason for this is that the issuance of the administrative decision includes a retroactive effect that is a departure from the principle of non-retroactivity of these decisions. The principle of non-reaction is restricted to freedom of administration, and it must be codified so that the administration does not expand these decisions by reference in the administrative decision. From chaos and turmoil, by limiting the reaction in a narrow circle required by this exception, and not to expand it.