Judicial Review of administration power in time of Emergency (comparative study

Abstract

The limits of legitimacy are clear in the state of law, where the state’s procedures stem from a legal basis, but crises, disasters and wars affect the limits of that legitimacy, allowing greater limits and broader powers to protect individuals and society, and administrative control is a preventive activity aimed at interfering in the activities of individuals with the intention of organizing them, not restricting them, in order to protect the public order in society.

accordingly it is an order that is done by will Unilaterally for the administration alone, and it is not permissible to give up its practice of others, just as the administration does not have a departure from the goals of administrative control in order to reach other legitimate or illegal goals, so if it did so, its behaviour was tainted by the defect of deviation by using power.

The control activity depends on the corner of the matter, therefore it is not dispensed with the public authority, it is not conceivable that individuals will achieve the goals of administrative control voluntarily, therefore the administration uses to confront them in the event of an emergency or exceptional circumstances, the methods of public authority and sometimes the methods of coercion and oppression, and therefore the administrative control exercises its authority through various legal and material actions capable of enforcing its will and under Control from the judiciary, the guardian of legitimacy in the rule of law, which monitors the actions of the authority based on the implementation of measures related to declaring a state of emergency in Iraq and the comparative countries.

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