Citizenship Guarantees in Iraqi Administrative Law

The executive authority carries out many activities, both material and legal. It runs public utilities and protects public order. In order to perform these functions, the law gives it the power to issue administrative decisions of its own volition. These decisions issued by the administration alone produce legal effects that change the legal positions of individuals. Specific cases implement its decisions directly and in a short and forceful manner. All this makes the authority of the administration in issuing administrative decisions that involve a threat to the rights and freedoms of individuals and their violation or derogation from them. On the other hand, the administration, through organizing the exercise of those rights and freedoms, may restrict them in some cases, because rights are not absolute rights, but rather are relative rights that vary over time. The place and these rights correspond to the rights of the state in the public order and are relative according to the order of their importance, just as the citizen has the right to enjoy his right according to the conditions of his life in general, and it is also relative according to the political system in the state. In light of this, certain procedures have been found to protect human and citizen rights in their comprehensive sense, in addition to the existence of special procedures to ensure the protection of the right within the framework of each type of those rights, according to the criterion of their importance and adhesion to the citizen. I saw the choice of the subject of guarantees of citizenship rights in the face of the authority of the administration as the subject of my thesis despite our knowledge at the outset that the subject of the research is so broad and comprehensive that we cannot fully fulfill its requirements unless it is completed by a parallel range of research to address its other angles, especially since the subject is not limited to On the theoretical side, but extends to include practical application as well as identifying the most important problems and difficulties surrounding that application in pursuit of identifying decisive solutions to them. For this reason, it was inevitable for us to limit the aspects of the research to a specific set of guarantees of human rights and citizenship without the rest of the guarantees, despite our acceptance of the existing complementarity between them. As for our plan to address the topic of the research, the first chapter included a discussion of the concept of citizenship, its components, characteristics and importance, and the subordination of the administrative decision to the principle of legality and the historical development of guarantees of citizenship rights. Constitutional and administrative) and political guarantees, and in a second section, judicial guarantees as the most important national guarantees. As for the third chapter, it came under the title of guarantees in the face of the authority of the administration in issuing the administrative decision, represented by the organs of the United Nations and its specialized agencies and non-governmental and regional organizations.