Wasting Rights and Freedoms by Administrative Decisions in Normal Circumstances - A Comparative Study

Dahsh, Ghanem Abdul; Jalaab, Tayf Biaism Hadi

doi:10.63677/jqlap.2025.165714.1454

Wasting Rights and Freedoms by Administrative Decisions in Normal Circumstances - A Comparative Study

https://doi.org/10.63677/jqlap.2025.165714.1454

Volume 17, Issue: 1 part 2
Spring 2026

Pages 939-958

AL-Qadisiya Journal For Law and Political Sciences

Document Type : Research Paper

Authors

Ghanem Abdul Dahsh ¹

tayf biaism hadi jalaab ²

¹ College of Law - Al-Qadisiyah University

² College of Law, University of Al-Qadisiyah

Abstract

The Contemporary social, economic, political, and cultural transformations have expanded the role of the state and intensified administrative authority in regulating public affairs and individual conduct. While the primary aim of administrative legislation is to guarantee the exercise of rights and freedoms in harmony with public order, practical realities reveal that such regulation often serves as a channel for restricting or eroding fundamental rights. This problem becomes more acute when administrative authorities employ discretionary powers in ways that exceed constitutional and legal boundaries .
The findings demonstrate that the erosion of rights intensifies with the expansion of administrative discretion. In particular, the phrase “not subject to oversight” in Article 46 of the 2005 Iraqi Constitution has created a legal opening for restricting freedoms. Furthermore, the study reveals structural deficiencies in judicial protection, given the limitation of administrative review to a single court, thereby weakening access to justice and undermining constitutional guarantees.