The legal basis of the administration’s regulatory authority in combating terrorism
الكلمات المفتاحية:
- border. - Regulatory authority. - administration. - anti-terrorism.الملخص
Abstract: The function of maintaining public security is a neutral administrative function whose purpose is to preserve public order from the danger of terrorism and is not a political function aimed at protecting those in authority. The state must exercise this function within the constitutional framework and the laws established and approved by the principles of administrative law, so the function of maintaining security is considered The public is one of the most important priorities of the tasks of the modern state, because it is a necessary function to protect society and protect other elements of public order. Without it, chaos prevails, turmoil prevails, and balance is disrupted throughout the state. There is no doubt that the functional state practice of maintaining public security has its effects in one way or another on public freedoms. For individuals, because their exercise of these freedoms without restrictions or controls is considered a breach of public security and requires the intervention of the authority concerned with maintaining security to protect it and restore it to its proper place, because the imbalance of security in society constitutes a threat to the entity of the state and the stability of society.
المراجع
irst: legal books.
Hamid Hanoun Al-Saadi: Political Systems, Al-Sanhoury Library, Baghdad, 2009.
Sameh Zekry: Exceptional Objective Rules for Confronting Black Terror, Dar Al-Nahda Al-Arabiya, Cairo, 2018.
Tariq Al-Jayyar: Security Adequacy and Legality of Administrative Control Decisions, Mansha’at Al-Maaref, Alexandria, 2008.
Abdel Samad Sukkar: Confronting terrorism and its problems (in light of international charters and comparative legislation). I 11, Dar Al-Nahda Al-Arabiya, Cairo, 2018.
Mohamed Abdel Latif Abdel Aal: Material Crimes and the Natural Responsibility Emerging from It, Dar Al-Nahda Al-Arabiya, Cairo, 1996.
Muhammad Abdel-Latif Abdel-Al: The Crime of Terrorism (a comparative study), 1st edition, Dar Al-Nahda Al-Arabiya, without a year of publication.
Muhammad Fouad Al-Muhanna: Principles and Provisions of Administrative Law, Manshaat Al-Maaref, Alexandria, 1975.
Wissam Jabbar Al-Ani: Administrative Judiciary, 1st Edition, Al-Sanhouri Library, Baghdad, Al-Mutanabi Street, 2015.
Second: letters and theses
Khaled Majeed Abdul Hamid Al-Jubouri: Criminal Policy in the Anti-Terrorism Law, a comparative study, Master’s thesis in Public Law, Babylon University, College of Law, 2010.
Rana Ali Hamid Al-Saadi: The authority of the administration in combating terrorism and the oversight of its elimination, PhD thesis, University of Baghdad, College of Law, 2017.
Shatha Aboudi Abbas: Mechanisms of combating terrorism and their impact on human rights, Master's thesis in Public Law, University of Kufa, College of Law and Political Science, 2012.
Abd al-Rahman Muhammad Sultan al-Sudani: The legal basis for human rights in police work, PhD thesis, League of Arab States, Arab Organization for Education, Culture and Science, Cairo, 2012.
Walid Mazra Al-Makhzoumi: The authority of the administration in protecting national security, and the rights of foreigners over it, PhD thesis, University of Baghdad, College of Law, 2004.
Third: Research
Adam Smian Diab: Terrorist Crimes in Criminal Law, research published in the Journal of Tikrit University for Human Sciences, Volume (13) Issue (1) January, 2006 .
Saab Naji Abboud and Zainab Abd al-Salam: The basis of combating intellectual terrorism, published research from the Journal of the Higher Investigation for Legal and Political Sciences, Volume 8, Vol. 2, Babylon University, College of Law.
Abdulaziz Muhammad Sarhan: The relationship between international human rights conventions and internal laws, research published in the Journal of Law and Sharia, issued by the College of Law and Sharia, University of Kuwait, fourth year, third issue, 180.
Muhammad Abd al-Muhsin Saadoun: The concept of terrorism and its criminalization in national and international criminal legislation, research published in the Kufa Studies Journal on 9/11/2005.
