The Role of the Iraqi Administrative Judge in Protecting Individual Rights

Abstract

The aim of this study is to shed light on the role of the Iraqi administrative judiciary in protecting human rights. Judicial protection is one of the most important guarantees of human rights, and the Iraqi administrative judiciary has an important role in protecting them by imposing its control over any violation by the administrative authority towards human rights. The importance of the judiciary in any country is evident as it is one of the most important pillars on which the state is based, and it is one of the titles of its sovereignty and prestige because it represents the important guarantor of justice and guaranteeing human rights. The judge is the one who applies the rule of law, given the importance of the law, as obedience to it is imposed on everyone, as well as respecting the content of the law in terms of the necessity of protecting human rights. Therefore, human rights must be respected through the judicial system in the state. The existence of judicial oversight of the actions of the administration is the best way to control the legitimacy of the actions of the administration, while appreciating the role of other forms of oversight, whether political, administrative, or others. Judicial oversight is the real protection of human rights because these rights are related to the human being and the core of his dignity, so protecting these rights is an effective means.

Our conclusion in this research is that the Iraqi administrative judiciary has a major role in protecting human rights by organizing its bodies and their competencies in monitoring administrative agencies.