Judicial oversight of the proportionality between crime and disciplinary punishment

Rasull Husain, Mustafa; Hama Sharif, Rezan Saeid

	Judicial oversight of the proportionality between crime and disciplinary punishment
Journal of college of Law for Legal and Political Sciences
Article 18, Volume 11, issue 40 part 1, 2022, Pages 506-531 PDF (620.92 K)
Authors
Mustafa Rasull Husain; Rezan Saeid hama Sharif
Abstract
Proportionality in the field of disciplinary punishment means a restriction of the freedom of the disciplinary authority to impose punishment. The penalty shall be unlawful if it exceeds the reasonable limit, and the administration must impose the penalty in proportion to the act committed in violation of the law by the public servant. And the discipline of the public servant is one of the important matters in the field of civil service, as it is an effective way to prevent the employee from being negligent in performing his work and putting an end to the mistakes committed by him. Chief among them is judicial oversight. The principle of proportionality is considered one of the general legal principles, the administrative judiciary monitors the behavior of the administration when it imposes a disciplinary penalty and the extent to which the proportionality between the act committed and the imposed penalty is achieved. This oversight is considered an important guarantee of the guarantees established for the public employee, and it is one of the necessary principles to achieve the principle of legality that requires respect for the law. The administrative judiciary abolished the penalty because it was not commensurate with the act committed by the employee.
Keywords
Censorship; punishment; crime

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