Guarantees that guarantee the protection of expropriation of private property

Abstract

Abstract :The issue of expropriation is one of the most important privileges of the public authority, which it exercises through its discretionary authority to carry out its tasks. The importance of expropriation is highlighted by its infringement of the most important individual property, which is real estate property, which enjoys a lot of constitutional protection. Therefore, the law always intervenes to set some restrictions on ownership, draw its borders, and define its social function. However, the administration often resorts to breaking these restrictions that the legislator has protected. This is why constitutional and legal guarantees are among the most important guarantees that guarantee the protection of the expropriation of private property. This is achieved by having means that guarantee their effectiveness and application in a way that restores balance to both sides of the scale if they are imbalanced in the interest of the administration, and the judiciary must be its protector from any attack or harm to it, so judicial guarantees remain one of them. The important means and pillars that individuals rely on to protect their property from administration abuses in the event that it deviates from the limits set by the legislator or in the event that it is arbitrary when exercising its authority granted to it. © 2023 TUJR, College of Law, Tikrit University