The Administrative authorities competent to impose general administrative penalties in Iraqi legislation

Abstract

Perhaps, the administration jurisdiction over imposing general administrative penalties is considered as one of the most significant subjects that needs to be studied and discussed properly, as it poses risk and represents deviation from the general principles in particular the separation of powers principle. Thus, this research paper came to include one of the most significant guarantees that come along with transferring this jurisdiction from the ordinary legislature to the administrative authority. What it is intended here is determining the administrative authorities that exclusively have the power to impose such penalties.As the study discussed these important guarantees in the area of imposing penalties, it has been necessary to study and scrutinize the legal ground that allows the ordinary legislature to partially renounce this jurisdiction, and the potential of adopting the legislative authorization as the ground for such renunciation. At the end, the study came out with a number of findings and recommendations that the constitutional and ordinary legislatures are advised to take them into consideration under the legislative developments occurred in Iraq.