Administrative Health Regulation and Its Applications in Administrative Judiciary – An Analytical and Applied Study

Abstract

This study examines health administrative policing and its applications in administrative as one of the most significant branches of general administrative policing, given its fundamental role in protecting public health and maintaining public order in its modern dimensions. The research aims to establish a clear conceptual and legal framework for health administrative policing by identifying its constitutional and legislative foundations, while focusing on its practical applications through the analysis of administrative judicial decisions in Iraq and selected comparative legal systems, thereby highlighting its role in ensuring the legality of administrative actions related to public health. The study also seeks to distinguish health administrative policing from other forms of administrative policing, analyze its traditional and non-traditional objectives, and explore its instruments, particularly regulatory bylaws, individual administrative decisions, and compulsory enforcement, in light of judicial applications. The research adopts a descriptive-analytical approach supported by a comparative method, through examining relevant legal texts and analyzing judicial trends. The study concludes that the effectiveness of health administrative policing is largely dependent on the efficiency of the legislative framework and the effectiveness of judicial oversight. It further emphasizes the need to develop legal regulations, strengthen the role of administrative, and modernize administrative tools in line with contemporary public health challenges, in a manner that ensures a proper balance between the protection of public health and the safeguarding of individual rights and freedoms.