Judicial oversight of administrative control of public freedoms in case of emergency in Iraqi and Jordanian law

The function of administrative control is one of the old functions, exercised by the competent administrative authority, for the purpose of achieving security and the questioning of order within society, as the failure to perform this function entails chaos and turmoil in a way that leads to the imbalance of society itself. The idea of administrative control is seen as a social and legal phenomenon at the same time. The importance of the issue of control over the situation of the emergency and because this control is the effective guarantee for the protection of public rights and freedoms during the state of emergency, I have made sure in this letter to clarify the control of the administrative control work because of its guarantee of prestige and respect for the rule of law and legitimacy on the one hand, and to ensure that it respects the rights and freedoms of individuals on the other. In writing the letter, we used the analytical, comparative and descriptive approach. Our letter was divided into three chapters in the first chapter. The second chapter is judicial control over administrative control and, in the end, the role of judicial oversight of administrative control in the event of an emergency. We concluded by discussing the results and proposals. We have concluded that the Iraqi legislator in order to defend national safety was limited to the cancellation of illegal decisions and procedures and the determination of their nullity and did not provide for compensation, as the main restrictions imposed by the administrative control bodies as their primary objective, as well as in the Jordanian legislator stipulated that in the event of an emergency a law is issued in the name of the defense law under which the person appointed by law is given the authority to take the necessary measures and procedures, where judicial control of the state of emergency is considered Jordanian law is the fort in the face of the extraordinary measures taken by the executive branch during the state of emergency . We suggested to the Iraqi legislator that the administrative judiciary instead of the ordinary judiciary should be competent in judicial control of the state of emergency in terms of the decision to declare a state of emergency and the decisions and actions taken, and we also propose to the Iraqi legislator to develop judicial control over the state of emergency and strengthen it with constitutional and legal guarantees in order to play its active role in protecting rights and freedoms from violations.