مدى سلطة الإدارة في تنظيم الحقوق و الحريات العامة : دراسة مقارنة

الملخص EN

The basic principle is that rights and freedoms should be enshrined in the constitution.

This gives them a measure of sanctity and respect, but the constitutional texts cannot be expanded to show all their details.

In order to achieve equality between the rights and freedoms of individuals on the one hand and the requirements of the public interest on the other, the constitutional legislator may leave the matter of regulating the rights and freedoms of the ordinary legislator so that the legislator is competent to determine the limits on which the individual exercises the rights and freedoms set for him.

Since the executive authority is responsible for maintaining public order in the State and ensuring regular and regular functioning of public facilities, it has been entrusted with the organization of certain rights and freedoms, but in practice it may overstate the decisions to restrict or derogate from the right or freedom.

It is necessary to identify the restrictions placed on the administrative authorities in this area so that the organization of right and freedom or maintenance of public order are not an excuse for violating rights and freedoms.

This study aims to examine the extent of the authority of the administration in regulating public rights and liberties in Iraqi law and comparative law through three sections dealing with the following: the definition of human rights and freedoms, the competent authority to regulate rights and freedoms, and those restrictions that may impose on regulating rights and freedoms.

The study concluded with a number of recommendations, the most important of which is the need to ensure that the legislation regulating freedom and the officer has the necessary conditions for the protection and protection of rights and freedoms, and that the specificity or restriction does not affect the essence of the right or freedom.