Administrative control of proportionality in disciplinary punishment ((Comparative analysis study))

Abstract

The principle when the administrative judge monitors administrative decisions is that his monitoring is a monitoring of legitimacy, meaning that the administrative judge monitors the extent to which the administrative decision is applicable and compatible with the law. However, this principle is subject to an exception, and the exception is in two fields. The first is disciplinary penalties (disciplinary in Iraq). Here, the administrative judge monitors the extent to which the disciplinary penalty imposed on the violating employee is appropriate and compatible with the violation committed by him. The other field is decisions restricting freedom (administrative control decisions). Here, the administrative judge monitors the extent to which the control procedure taken by the administration is appropriate with the incident being controlled. The focus of our research here is the administrative judiciary’s monitoring of the proportionality of the disciplinary penalty after it is an exception to the general principle mentioned above. Therefore, we will divide this research into two requirements. In the first requirement, we will discuss judicial monitoring of the compatibility between the violation and the disciplinary penalty, and we will devote the second requirement to studying judicial monitoring of the legitimacy between the violation and the penalty. Discipline