Judicial Oversight of Administrative Police in States of Emergency in Iranian and Iraqi Law
Keywords:
Judicial oversight, Administrative police, State of emergency, Comparative lawAbstract
States of emergency, as one of the most complex situations of governance, constitute an arena in which the balance between maintaining public security and safeguarding fundamental freedoms is challenged. The administrative police, as the executive arm of the state in managing public order, are vested with broader powers in such circumstances, which creates the risk of abuse or arbitrary exercise of authority. This study, adopting a comparative approach, examines judicial oversight of the actions of the administrative police during states of emergency in the legal systems of Iran and Iraq. The theoretical framework of the study is based on the linkage between the theory of the rule of law and the theory of the state in exceptional circumstances. The research method is descriptive–analytical, relying on library data and fundamental legal sources of both countries. The findings reveal that although both countries, in terms of legal foundations, recognize the legitimacy of judicial oversight, institutional shortcomings, ambiguities in jurisdiction, and security considerations have limited the effectiveness of such oversight in practice. As a result, recommendations are provided, including clarification of the scope of administrative police powers, strengthening of specialized judicial capacities, and the establishment of multi-layered accountability mechanisms.
References
Abolhasani, M. S. (2016). The Position of the Supreme National Security Council in the Constitutional Structure of the Islamic Republic of Iran. Strategic Studies Quarterly, 19(2), 25-48.
Agamben, G. (2005). State of Exception. University of Chicago Press. https://doi.org/10.7208/chicago/9780226009261.001.0001
Aghaei, A. (2011). The Authority of the Administrative Police in Normal and Emergency Conditions. Jangal Publications.
Al-Ani, A. M. (2010). Emergency Legislation and Public Administration in Iraq. Dar Al-Manhal (Al-Mustansiriya University Press).
Al Haddad, A. (2006). Administrative Law in Iraq. Al Mada Publishing.
Al Jubouri, H. (2010). The Federal System and Local Police in Iraq. Journal of Middle Eastern Law, 4(2), 87-112.
Al Mahdawi, H. J. (2015). Judicial Oversight in Iraqi Administrative Law. University of Baghdad Press.
Al Sultani, S. (2008). Emergency Powers in Iraqi Law. Basra Law Review, 2(1), 55-79.
Bahrami, M. (2013). Judicial Review of Administrative Police Actions. Legal Research Journal, 14(2), 45-78.
Cetiner, B. (2011). Ottoman 'Tanzimat' Reforms and Their Impact on Provincial Administration. Isis Press.
Dawisha, A. (2009). Iraq: A Political History from Independence to Occupation. Princeton University Press.
Ghasemi, H. (2016). Administrative Law: Judicial Review of Administrative Decisions. Mizan Publications.
Ghasemi, H. (2019). Administrative Law: Administrative Police and Judicial Review. Mizan Publications.
Gross, O., & Ní Aoláin, F. (2006). Law in Times of Crisis: Emergency Powers in Theory and Practice. Cambridge University Press. https://doi.org/10.1017/CBO9780511493997
Hosseini, M. (2021). Comparative Study of Judicial Review over Administrative Police in Iran and Iraq. Public Law Research Quarterly, 23(3), 55-82.
Jamali, K. (2012). Administrative Police and the Scope of Its Authority in the Iranian Legal System. Mizan Publications.
Khani, R. (2016). Administrative Police and Its Legal Standards. Mizan Publications.
Mirmohammad Sadeghi, H. (2019). Criminology and General Criminal Law of Iran. Mizan Publications.
Nouri, F. (2011). The Historical Evolution of Administrative Police. Shiraz University Publications.
Soltani, A. (2012). Civil Liability of the Government in Emergency Situations. Comparative Law Review, 9(3), 59-84.
Toranlou, H. (2015). Legal Analysis of Article 79 of the Constitution of the Islamic Republic of Iran. Constitutional Law Quarterly, 8(1), 111-138.
Zarei, M. (2014). The Position of Administrative Police in the Iranian Legal System. Public Law Journal, 6(1), 101-128.
Downloads
Published
Submitted
Revised
Accepted
Issue
Section
License
Copyright (c) 2025 Husam Hazim Ahmed Ahmed (Author); Seyed Mojtaba Vaezi (Corresponding author); Mohammad Javaheri Tehrani, Hadi Salehi (Author)
This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License.
