Legal regulation to install and operate mobile phone towers A comparative study | ||
| The Law Journal for Researches and studies | ||
| Article 1, Volume 0, Issue 13, December 2016, Pages 238-305 | ||
| Author | ||
| Dr. Amer Zughair Moheisen - Dr. Kamal Jawad Kazem Al-Hamdawi | ||
| Abstract | ||
| The legal regulation of mobile towers consists of two categories of rule; first, legal rules which are enacted by legislator, second, the principles which were established by the administrative and civil jurisdiction (case law) in regard with disputes about uncertain damage resulted on the installation and operation of these towers. So, the court judgments work together with the legal rules to form special legal regulation which regulates the mobile towers. By looking at the legal provisions and case law in this context, it shows that the activities related to the installation and operation of mobile telephony antennas considers just a form of freedom that it is practiced in accordance with the law represented in set of administrative discipline procedures. The law might restrict the freedom of operators of mobiles, and consequently lead to contentious split of the judicial system between the administrative justice and civil justice. | ||
| Keywords | ||
| Legal regulation to install and operate mobile phone towers A comparative study | ||
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