((Judicial oversight of the proportionality of the administrative decision in light of judicial rulings، a comparative study between Iraqi and Moroccan law))

The judicial oversight adopted by the legislator, if it is to bear the fruits of protecting the rights and preserving the public interest at the same time, must revolve around the orbit of proportionality in criminalization and punishment. . The problem of the study was to answer how and to what extent judicial control is applied to the proportionality of administrative decisions in both Iraq and Morocco.

  The research aims to clarify the concept of proportionality and judicial control of proportionality in the administrative judiciary and the principle of legality in the administrative decision, to clarify the position of the administrative judiciary on the control of proportionality in the administrative judiciary of Iraq and Morocco from the control of proportionality in the administrative judiciary. And we reached a number of results, including that the defect of deviation in power or abuse of power by the administration taints the cornerstone of purpose in the administrative decision. If the administration abuses its authority, the administrative judiciary can derive this defect. The defect of deviation in the use of power is considered one of the intentional defects based on the fact that the administration, when issuing its decision, has the intent to abuse power and deviate from it, so it is difficult to prove it. The principle of proportionality occupies a wide field of application within the scope of these rules, which the legislator must adhere to in order to achieve proportionality between crime and punishment.