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الاختصاص الاداري في المنازعات الجزائية : دراسة مقارنة == The Administrative Jurisdiction In Penal Disputes A Comparative Study
Author name:
لبنى عدنان عبد الامير
Supervisor name:
وسام صبار عبد الرحمن العاني
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:
13T1509 - p.pdf
Abstract:
In the past , the activity of the state was exclusive on traditional functions (defense , security and justice ) and jurisdiction was considering all disputes which astate is a part , but after the world two. The state found it self against deconstruction and ruin , and it was obligliged to intervere in numerous aspects and activities to restrict realising of corpitalin investment of what it represented unfair of the individulal rights and this intervention resuited a lot of dispates generated between the state and the individuals and inorder to face the legislatiue in flatation phenomenon in the penatty aspect and mitigating burden of jurisdiction to consider the most important and critical issues which are more difficult and complex which could be managed outside the litigation , besides avoiding those committed simple crimes from attending courts and lozt to be of criminal instig , besides the administration problem which are in need of flexibility and speed to management which are not existed in ordinary or administrative jurisdiction of what it needed action and schedules often take along time , besides the administration have enough conception of problem and obsticles in interrupted it and it is the suitable authority to find the necessary solution of the problem in the ordinary circumstance and the exception one for all this the legislat or granted the administrationjurisdical authority considering the litigations of some lows and regulations violation of crimes not deserve to face criminal penalties for their simplicity and less importance.The thought of granting judicial authority to set administrate penality was not accepted at the beginning being effect one of the basic principle of the modern state which is seperating among authorities , besides non arability the guarantee penality for the administration signimg them represent opponent and arbitrator at the same time , but this interuption quickly dis pensed with development that accrued , for the principle of seperating among authorities characterized by flexibility which is relative principle based on cooperdtion and balance among the authorities also the legis latros restricted the administration was group of objective guarantees and actions when prating its specialty of jurisdiction to impose the general administrative penality to avoid unfair of using its power to maintain the individual rights and freedom
