الحماية الادارية لحرية النقل (دراسة مقارنة )
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Date
2022-04-28
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Abstract
The Topic of our research deals with the subject titled (Administrative
Protection of Freedom to Travel- Comparative Study). Therefore, the
administrative authority in the protection which has been determined in
the constitution and with its measure has preceded in detail the topic of
the administrative protection, as being the means and measures developed
by the executive authority.
The protection will make the authority in a position to organize such
freedom that other types of freedoms will not be limited. These
procedures are practiced, without noticing whether travel is internal or
external. And any individual can travel by vehicle within the state's
boundaries or travel overseas with the proper documentation, whether the
travel is limitless or limited, such as confiscating a driver's license,
banning travel, making an arrest, or deporting a foreigner.
In any event, the authority, and the administrative control authority, in
particular, tries to defend freedom and elevate it to the level of the sacred
liberties which are not wasted and infringed. All of this resulted in legal
restrictions on the exercise of freedom of travel. Simply exercising the
right to freedom of movement makes all other forms of freedom
contingent.
In any case, as we have stated, if this form of freedom is infringed, it will
be much easier for the administrative judiciary to interfere with its ability
to serve as a respectable haven for individual liberties and rights. The
decision to confiscate the driver's license, impose a travel ban, or deport
someone was made by the supervisor. All are only administrative choices
that, whether in routine or unusual circumstances, should be under
supervision.
This can be accomplished in two ways: first, by overturning the unfair
decision and paying the person for any benefits or purposes that were
forfeited as a result. In light of this, we discuss potential administrative
safeguards that involve structure and control.
We also discuss the protection of the administrative judiciary with other
freedoms, despite the federal judiciary being competent in it. To show
this rule issued is coherent with the wording of the constitution. And as a
result, it will decide whether it is in favor or against it being
unconstitutional. The administrative judge's position was made explicit
through the supervision of the decision-making process and its adherence
to the legality principle. However, these actions cannot be carried out
without the supervision of the administrative executive authority.
The second article of Ministry of Interior Law No. (20) should be
amended in 2016, and it also looks at the case that affects the freedom to
travel quickly by appointing a rapid judgment and rapid case shorten
most of the measures we call the Iraqi legislators to consider it as
replacement case as organizing not consequential followed is found or
not. We hope the Iraqi legislator adopted these recommendations.
Our plan for this research has been divided into three chapters; in the first
chapter, we provided a general explanation of the purpose of
administrative protection by describing the nature, benefits, and position
of the freedom to travel about other types of freedom. In chapter two, we
made comments regarding the precise measures taken to systematize
practices. the ability to travel within the bounds of the regulations and
restrictions related to that driver's license, including the ability to suspend
it, and adhere to the limitations related to receiving travel documents or
being excluded from certain areas. In the third chapter, we discuss how
the administrative judge applies it to different types of freedoms, what the
executive power is, and how it stands up for the freedom to travel and the
restrictions associated with it.