Limits of administrative control in combating riots in Iraq
- Author:
- Ali Raysan Shati
- Level:
- Master
- Field of study:
- Law
- Language:
- Arabic
- Faculty:
- Faculty of Law
- Year:
- 2021
- Publisher:
- URD Press
- Supervisor(s):
- Ibrahim Musazadeh, Mahmoud Khalil Khudair
Despite the expansion of the state’s functions from guard to interfering, how the state performs its functions did not go beyond two basic forms: the public facility in which the administration exercises its public functions to provide the needs of citizens and the basic requirements to satisfy the needs of the public and administrative control through which public order is maintained in the state Which benefits everyone, since the interest of the individual is in the interest of the group here, we can say that administrative control is a blessing for the individual. The limits of individual freedom end at the beginning of the freedoms of others. Administrative control is the backbone of the good conduct of public order. Although the concept of administrative control is broad and comprehensive, we directed through our research to highlight the concept of administrative control and its limits in combating riots. This is because administrative control has importance, restrictions, and conditions that characterize it. If the administration is within the scope of its exercise of the administrative control authorities, it has a deciding authority, but it is not absolute from every restriction, as the control procedures, as a set of administrative decisions, are subject to the principle of legal legitimacy as if the procedures and means of control would To place restrictions on the freedoms of individuals, as it is subject to several restrictions that determine the extent to which the administration may infringe on these freedoms when confronting riots. Accordingly, the state, through the administrative control authorities, aims to protect the security of citizens from dangers, and the safety of their lives as well. It also aims to protect them from riots, violence, the dangers of diseases and the spread of epidemics, maintaining calm and beauty in cities, and protecting their morals. As it is required that there be judicial.
As it is required that there be judicial oversight of the administrative control authorities in terms of the objective, as the control must aim to protect public order, and if it does not aim to protect public order, we are facing a deviation in the use of power. When exceptional, extraordinary circumstances occur, the powers granted to the administration in normal circumstances are not sufficient to confront them, which requires giving it broader powers to confront those circumstances, and the administrative judiciary monitors the authority of administrative control in exceptional circumstances, but in a different way from its control in normal circumstances from its control in normal circumstances.