The Legal Nature of Administrative Control

Author:
Hasan Kadhim Sabea Al-Janabi
Level:
Master
Field of study:
Low
Language:
Arabic
Faculty:
Faculty of Law
Year:
2022
Publisher:
URD Press
Supervisor(s):
Murtaza Elyasi

The human society cannot imagine existence without a system that controls the behavior of the individual within the society in the exercise of his natural rights. The fields are broader and in the midst of the topics that were raised. And the idea of  administrative control in its modern concept was found after the emergence of the principle of separation of powers created by the French Revolution, and control became composed of three types, administrative control, judicial control, and legislative control, although administrative control existed before that, but in the form of strengthening governance. The research deals with the research the conceptual framework related to administrative control, its origin, types, and its distinction from similar ones, in addition to a statement of its objectives, means and limits in normal and exceptional circumstances, in addition to a statement of administrative control, which aims to protect public order by regulating individuals’ exercise of their freedoms and private activities by taking measures that restrict these freedoms and their intensity varies. According to the type of freedom to be restricted, with a statement of the problem that necessitates what is the legal system of administrative control, and that the authorities of administrative control expand under exceptional circumstances to confront these circumstances, as the authorities of administrative control are decommissioned from being subject to the principle of ordinary legality and are subject to the principle of exceptional legality. In order to preserve public order, it is also necessary to emphasize that administrative control is one of the forms of administration interference practiced by the administrative authorities to implement personal freedoms in order to protect public order. In the research, we address the concepts and faculties in the first and second chapters represented in the means and objectives of administrative control, in addition to judicial oversight of administrative control under normal and exceptional circumstances. One of the most important recommendations of the research in the study contributed to the identification and rooting of administrative control, as it represents the privileged decision of an administrative authority in issuing final legal acts and taking the necessary physical actions to implement them, with the aim of maintaining public order.