The Role of the Cancellation Case in Rebalancing between Public Interest and Human Rights

Abstract

The research highlights the treatment of the problem of the administration breaching of an important duty which is non- achieving the balance between the public interest and human rights by giving priority to one of them over the other. Accordingly, if the administration does not manage to achieve the right, judicial control represented by the cancelation case interferes to achieve balancing between them because of its effectiveness and independence. The importance of the study is to arrive at the effects of the cancellation case as it represents a scale for creating a balance between the requirements of the administration pursuit to achieve public interest and the preservation of human rights and liberties that are constitutionally guaranteed. That appear through the judicial provisions in countries like France and Egypt or Iraq despite the variation of their importance from one country to another in terms of stopping the implementation of the administrative decision in the compared countries as a means to balance. In addition, the study addresses some of the exceptions that respond to the cancellation claim in Iraq.