Judicial Control of the Administrative Police (a Comparative Study of Iraqi and French Law)

In his dissertation entitled Judicial Control of the Administrative Police (a Comparative Study of Iraqi and French Law), the researcher wants to consider the work of the administrative police as a precautionary measure before the threat of disturbing public order occurs. The administrative police are considered a social institution. This body consists of individual decisions, rules and administrative laws imposed by the administrative police on the activities and freedoms of the people to maintain public order. The work of this institution may lead to restrictions on the freedoms and rights of the people to find a kind of balance between regulations.

The maintenance of public order and freedoms and the requirements of the regulations shall be determined by this legislature.

The researcher’s goal is to answer the following question:

What are the limits of the administrative judge’s authority to control the actions of the administrative police in French and Iraqi law?

 In this research, the researcher has used the descriptive-analytical method by presenting, analyzing the texts of constitutional articles in order to achieve the goal that the legislator wanted beyond these articles and the comparative approach.

  The researcher achieved several results, including:

French and Iraqi lawmakers have recognized the government’s right to use administrative police tools to beautify its streets and glorious roads.

– French and Iraqi lawmakers are working to establish a specialized body on environmental issues to improve the environment in France and Iraq.

French and Iraqi lawmakers have stated that the goals of the administrative police are limited to public safety, public order and public health.

Judicial police officers are the ones who exercise control over judicial matters in France and Iraq. They are trying to control the work of the administrative police.

The researcher recommends the need to adopt a regional decentralization system in Iraq with regard to administrative control as a complement to the centralization system and in order to achieve the organization of the work of the administrative police.