الحماية الادارية لحرية النقل (دراسة مقارنة )
| dc.contributor.author | إيمان كريم حسين | |
| dc.contributor.editor | الاستاذ المساعد الدكتور. محمد نجم جلاب | |
| dc.date.accessioned | 2025-02-09T08:33:47Z | |
| dc.date.available | 2025-02-09T08:33:47Z | |
| dc.date.issued | 2022-04-28 | |
| dc.description.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. | |
| dc.identifier.uri | https://dspace.utq.edu.iq/handle/123456789/747 | |
| dc.title | الحماية الادارية لحرية النقل (دراسة مقارنة ) | |
| dc.title.alternative | The Administrative Protection of Freedom To Travel | |
| dc.type | text::thesis::master thesis | |
| oairecerif.author.affiliation | كلية القانون - القسم العام | |
| oairecerif.editor.affiliation | جامعة ذي قار - كلية القانون - القسم العام |