The legal underpinnings of Jordanian and Iraqi law`s administrative penalty systems

Authors : Mohamed W. Abouyounes

Pages : 8-16

Doi:https://doi.org/10.64440/BIRUNI/BIR003

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Publication Date : 2025-09-02

Article Type : Research Paper

Abstract :Systems of administrative sanctions are crucial legal instruments that govern interactions between the government and people and accomplish justice and deterrence in the administrative sphere. The purpose of this study is to compare the legal frameworks that underpin the administrative sanctions system in Jordanian and Iraqi law, with an emphasis on the legal structures, procedures, and guiding principles for ensuring individual rights. The objective is to point out parallels and divergences and suggest solutions to advance the system in order to attain fairness and openness. Using a descriptive analytical methodology, the study examined pertinent court decisions, legal doctrines, and legislative texts from both nations. In order to determine the similarities and differences between the two systems and to critically assess their efficacy and legal guarantees, a comparative study was also employed. The findings revealed notable parallels between the two systems` fundamental tenets and practices, especially in relation to the legal guarantees and defense rights. Nonetheless, there are significant distinctions in terms of the structure of the legislature, the degree of practical application, and the inclusion of constitutional protections. The findings also showed that both systems need to be reformed in order to improve administrative justice because they have issues with procedure efficacy and implementation transparency. Both Jordan`s and Iraq`s administrative sanctions systems are getting closer to upholding the values of justice and openness, but they still need to be improved in order to overcome practical and legal obstacles.
Keywords : Administrative Penalties, Systems, Administrative Law, Iraqi Law, Jordanian Law

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