The legitimacy of administrative penalties, A comparative study

Abstract

After the increase in state activity and its intervention in various areas of life, the need began for many laws and legislation at all levels, including economic, social and political. For this, it was necessary to preserve the components of the state, including basic facilities, and to continue their continuity. Therefore, after the increase in state activity, it was necessary to have administrative sanctions that are Sometimes they are an alternative to criminal penalties, but not all the time, but rather for crimes or minor violations. Therefore, the administration, through its expanded activity, needed various administrative penalties in order to preserve the facilities that operate, but at the same time, these penalties cannot be imposed if there is no There is despair or legitimacy for these sanctions, as it is not possible for these sanctions to restrict the freedom of individuals or affect their freedoms without there being a basis for them. This legal basis or legitimacy is not included in the written or unwritten sources or other sources that collectively constitute this legal basis, but Jurisprudence and jurisprudence differed regarding it, and there are those who opposed the existence of these penalties despite the existence of legitimacy for these administrative penalties, so the problem of the research Is it about these sanctions and their legitimacy in Iraq and Egypt? What is this legitimacy in constitutions and laws?