Judicial oversight of proportionality in job disciplinary and administrative control decisions

This study deals with the subject of proportionality control over administrative decisions, as it addresses the clarification of the concept of the principle of proportionality as an element of suitability in administrative decision and then explains its relationship with terms similar to it (such as discretionary authority and suitability), and clarifies the aspects and parties of the relationship in proportionality, and clarifies the subject of recognition of the principle of proportionality. between its supporters and opponents and an explanation of the basis on which the principle of proportionality is based. This study also deals with an explanation of the methods that the administrative judge uses when controlling proportionality to reveal the error that the administration made when issuing its decision in terms of appropriateness, specifically the error in assessing the importance and seriousness of the cause and its proportionality to the matter that is called lack of proportionality. Proportionality in administrative decisions, and among these methods is (the theory of clear error), which was adopted by the French State Council for the Control of Proportionality, especially in administrative control decisions, and (the theory of hyperbole), which the Egyptian administrative judiciary adopted as a tool for controlling proportionality in administrative decisions, especially in the field of disciplinary decisions. This study deals with some judicial applications in France, Egypt, and Iraq, analyzing and comparing them, and then this study addresses some recommendations or suggestions for the Iraqi administrative judiciary to follow the French and Egyptian example in this field.