Kurdish Studies

ISSN: 2051-4883 | e-ISSN: 2051-4891
Email: editor@kurdishstudies.net

Judicial Review of Administrative Licensing Decisions (Comparative Study)

Husam Mohammed Madfoon Al-Jubori
College of Law, University of Kufa
Saeed Ali Ghafil Al-Shibly
College of Law, University of Kufa
Keywords: .

Abstract

Administrative licensing is an administrative preventive decision taken by the authority of administration as a means to preserve public order. It is considered an exceptional measure that imposes restrictions on public freedoms, which are generally considered fundamental and protected by constitutions. Consequently, this limitation is manifested in the form of refusing to grant or terminating licenses, either by cancellation or withdrawal by the administration. This poses a risk to freedoms and could result in their prohibition, which requires the administration to have a legal basis when denying or terminating licenses. Given that the concept of public order varies from one country to another and over time within the same country, making it difficult to define precisely based on the law or predict the changes it may undergo through legislation, the administration enjoys significant authority in this regard without necessarily relying on a legal basis. This is based on the constitutional principle of the administration's authority to issue regulatory rules, even if not explicitly stated in the country's constitution. Therefore, the administration must strike a balance between enforcing public order by refusing to grant administrative licenses and terminating them, and ensuring the protection of individual freedoms. This balance can only be achieved through broad judicial oversight over all aspects of the decision to deny or terminate licenses, ensuring the realization of this equilibrium between the exercise of the administration's authority in preserving public order and safeguarding individual freedoms

SCImago Journal & Country Rank

Keywords

Kurdish StudiesKurdsmigrationTurkeyKurdishKurdistangenderSyriaimmigrationIraqIraqi KurdistanrefugeesmediadiasporaMigrationfamilyAlevismRojavaYezidisautonomyUnited StatesKurdish studiestransnational migrationIranstereotypesminoritiesAlevisactivismEuropesovereigntyareal linguisticsPKKIndiaBalkans