The role of administrative judiciary in the implementation of judicial decisions by the public official

Abstract

Since the court ruling is the title of fact, the implementation serve as the transfer of that fact from stillness to movement and transfer it from theoretical to the practical reality where the administrative judge in the administrative area arbiter between two unequal sides, namely administration and personnel.The administration's failure to implement judicial rulings is a serious breach of the principle of separation of powers, and when it is said that the power of the state lies in the power of jurisdiction, the power of the judiciary lies in the implementation of its provisions and resolutions. So the administrative judge must activate his role and find a special legislative texts to address the problem of non- implementing the provisions of the judiciary and fill the legislative deficiencies and not to stay in imitation of the legal system of French and Egypt but the quest to develop the administrative judiciary in Iraq because the administration's respect for the freedom of the provisions issued by the administrative court is a legal obligation imposed on them otherwise, it leads to create chaos and regarded as violation of the law requiring (civil and criminal) blame. The phenomenon of refraining from carrying out judicial and administrative provisions by the administration is one of the problems experienced by much of the world, because the legislation often did not give this problem a deal of importance, so the legislature's task is to stand against this phenomenon and reduce it through strict laws so that the management cannot circumvent it.