Judicial oversight of abuse of administrative authority

Abstract

Judicial oversight of the administrative judiciary focuses on the proportionality of the disciplinary penalty with the violation, as well as on the legitimacy between the violation and that penalty: First, judicial oversight of the proportionality between the violation and the disciplinary penalty: The Administrative Judiciary Court stipulated in a decision that the penalty should be proportionate to the seriousness of the act as well as to the employee’s responsibility, saying: Upon review and deliberation by the General Assembly of the State Shura Council Second - Judicial oversight of the legitimacy between the penalty and the violation: First, the authorities that undertake control and punishment to discipline employees differ according to the different punishment and discipline laws issued in Iraq, as we can say briefly and quickly that the first law to be issued in Iraq was in 1929, numbered /41/, followed by Law No. /69/ of 1936 (repealed), as the disciplinary authorities were divided into: Presidential Authority, General Disciplinary Council, Disciplinary Committee, then Law No. /14/ of 1991, which is the Law of Discipline of State and Public Sector Employees. Among those decisions The judiciary that is responsible for the legitimacy between the penalty and the violation states: “Upon examination and deliberation by the General Assembly of the Shura Council, it was found that the first appeal was filed by (the defendant) on 12/2/2008, and the second appeal was filed by the plaintiff on 12/7/2008, and they were within the legal period, and it was decided to unify them in form.