احكام استخدام الادارة للقوة في مواجهة الاضطرابات العامة حماية للنظام العام : دراسة مقارنة == The provisions of the administration's use of force in the face of Protection of public order public unrest (A comparative study)
Author name:
حيدر علي حسين علي العقابي
Supervisor name:
محمد علوم محمد علي المحمود
General topic:
Law
Specific topic:
Administrative Law
Degree:
Master
University:
University of Baghdad - Faculty Of Law - Department Of Public Law
Language:
Arabic
University location:
Baghdad
First pages:
13T1670 - p.pdf
Abstract:
Aims administration when used for measures to control administrative to protect public order from any threat to him and force fall within the scope of the measures used by the administration to address the public unrest and notes that force a general concept and wide and found a number of linguistic definitions and jurisprudence have the legal Chiad did not exist only a few definitions did not means the Iraqi legislature defining force in spite of frequent appearance in the different legal texts, divided the forceused by the administration to two or two - fold, namely physical force, which includes a firearm and beatings with hands, sticks and other species have, and the second type is the moral force that relies on intimidation and coercion Cglq websites or confiscation of inciting terrorism or declare curfews in a particular area and other images of this force newspapers As the administration the authority to use force, but exceptionally so multiple or departments High varied use of force which is divided into departments from AUTHENTIC its use of force authority is the core competence and To Administrations of Dolly the original departments and be authorized to use force and also its example form the popular crowd, and noted that some of these departments use force and exercise their duties without that there should be a law regulating it or no law, but it is old and brief a Madeana to search it and the enactment of these departments to the importance of that in the practical application, the function of the administration is to protect public order, traditional and nontraditional its various components.And that the administration the authority to use force based on the number of legal bases which confers the status of legitimacy on the use of force is the famous legal basis for the authority of the administration to use force, and the ramifications of this foundation to a national basis and an international basis, the national and the foundation is intended to constitutional provisions in constitutions and legal texts in texts of various laws, regulations and instructions in addition to the judicial foundation of any decisions and judgments issued by national courts of the states, and the international foundation stems from international treaties and conventions and international conventions and declarations on human rights as well as international organizations, decisions such as the UN security Council and the General Assembly of the United nations. It is noted that the administration has no right to the use of force is permissible and absolutely always but should have to abide by a number of principles on which authority control when the use of force in order to ensure they do not exceed or arbitrariness in the use of force and these principles are many and varied What matters within the scope of our research three principles, namely, (doctrine of necessity use of force and the principle of proportionality and the principle of gradient) . The restriction to these principles is when do or provide the cause of the reasons for the authority of the administration to use force, it is without a reason zero, the use of force the authority of these reasons is the engine or generator President the authority of the administration to use force, and this causes the demonstrations illegal graduated from the scope of the project within the scope of the act Muharram or criminal, and terrorist activities and actions that move and the duty of the administration to prevent and control as well as the attempted coup against the regime in the country or change its constitution or system of government in the state and riots and many other of these reasons, and thus should be noted that the use of force in the face of demonstrations is exceptional from the original Contrary to public acts and terrorist activities and the attempted coup or attempted where it is a major and direct reasons for the use of force on the one hand the administration .And abuse or exceed their men represented by the use of force administration moves responsibility towards the damage caused by the use of force and this damage may be human lives may be money movable or immovable This responsibility knows of responsibility based on the law So artena after this study to the division of this research to the door and every door divided by into two classes, where we have dedicated the first section of the statement of the concept of power and the basis of the authority of the administration for use in Iraq and comparative law, and in Part II of the statement of reasons for the administration's use of force and the principles of the ruling in the Iraqi law and Almqa
