Judicial Oversight of Electronic Administrative Decisions in Iraqi Legislation: A Comparative Analytical Study

Abstract

This study examines electronic administrative decisions and judicial review in the Iraqi legal system, focusing on the impact of digital transformation on administrative decision-making, legal nature, and compliance with legality and judicial oversight. It adopts a comparative analytical approach based on Iraqi Law No. 78 of 2012 on Electronic Signature and Electronic Transactions, and relevant jurisprudence on electronic evidence. Results show electronic decisions are an extension of traditional ones, differing only in electronic form, while Iraqi legislation lacks comprehensive regulation of issuance, notification, publication, and appeal. Courts show relative flexibility in admitting digital evidence but remain constrained by procedural rules. Challenges include determining legal awareness timing and increasing use of AI and automated systems. The study recommends updating legislation and procedures to ensure efficiency, rights protection, and effective judicial control in the digital environment and administrative justice systems while enhancing transparency and strengthening the rule of law in digital governance.