The balance between the authority of the administration and public liberties in the Iraqi and French constitutions ( Comparative study )

The study included the constitutional basis for public freedoms and their guarantees, through the existence of types of these freedoms stipulated in the permanent French and Iraqi constitutions, and that these guarantees are subject to the authority, namely, constitutional, legislative and judicial guarantees that guarantee these freedoms, as well as defining the limits of the administration’s authority towards the exercise of public freedoms. In the two constitutions, it is one of the most important pillars that clarify that balance. Under normal circumstances, there is a balance, agreement and integration between the exercise of rights and freedoms by individuals on the one hand, and the reasons for maintaining order and security for the administration on the other hand. Emergency circumstances, in order to reach the necessary guarantees for the balance between the authority of the administration and public freedoms in France and Iraq, through the activation of all kinds of oversight, as the Iraqi constitution and its French counterpart have ensured oversight of the work of the executive management authorities, in respect of the principle of legality.

And in order to answer the main question that was asked. What is the balance between the authority of the administration and public freedoms in the Iraqi and French constitutions?

Both the Iraqi and French constitutions emphasize the balance in constitutional texts that transcend all texts of ordinary laws, which limits the authority of the administration in respecting public liberties, and therefore the authority of the administration does not go beyond that, as it was relied on the comparative analytical approach to interpret the constitutional and legal texts of the powers of the admiistration’s authority towards Exercising public liberties. And we got the results.

It turns out that the nature of the balance between the authority of the administration and public liberties in the constitution of Iraq and the constitution of France is a relative balance, meaning that the texts are applied to individuals and on the basis of respect for public order and within the limits of the law, and on the administration according to the legality of the decision issued by the administration.

It was also found that the guarantees that ensured the balance between the authority of the administration and public freedoms in the constitution of Iraq and its French counterpart are diverse and close to the level of the three necks.

Despite the provisions of the Iraqi and French constitutions on administrative privileges and guarantees of freedoms, we do not find implementation of it on the ground.