Keywords : administrative judiciary

The extent of Applying civil procedure law provisions Befor Administrative courts.

hussin talal mal alah alazawy

Journal of college of Law for Legal and Political Sciences, 2022, Volume 11, Issue issue 40 part 2, Pages 346-374

Jurists of the principles of law point out that the civil law was the origin and reference of all laws, then some legal rules regulating a certain type of ties were taken independent of it under different names such as the pleading law, the commercial law and the civil law, and also that the rules of judicial procedures followed before the civil courts were the origin of all the rules procedures, but various factors necessitated the establishment of new fundamental rules independent of those original rules with characteristics that determine the type of judiciary that organizes it and draws up litigation procedures before it, such as administrative procedures. From distinguishing it as a description attributed to the judiciary competent to organize its procedures, we say criminal procedures to refer to the procedural rules followed before the criminal judiciary, and we also say administrative procedures to refer to the fundamental procedural rules followed before the administrative judiciary.


Mohamed Omar Mouloud; Osman Yassin Ali

Journal of college of Law for Legal and Political Sciences, 2021, Volume 10, Issue issue 39 part 2, Pages 296-350

Although Iraq and Kurdistan Region has adopted the dual judiciary system and specialized administrative judiciary for quite some time now, there are still other special references that have not been made to the administrative judiciary specializing in examining the appeals that respond to administrative decisions and for this, this research will deal in detail with those Special references, and the first of these references is evident in the administrative authorities, which means that the administration is a judge and a litigator in that one, while the second side is the quasi-judicial references, which are administrative committees headed by a judge, and as the ordinary judiciary (regular courts) is the third special body that It has been entrusted with examining the appeals received against administrative decisions, and our research aims to reach a conclusion that the fragmentation and dispersal of appeals against administrative decisions in this way no longer has any justification after the establishment of the specialized administrative judiciary in Iraq and the Kurdistan Region.


Majed Najm Idan Al-Jubouri; Ahmed Khorshid Hamidi Al-Mufraji; Kanan Mohammed Mahmood Al-Mufraji

Journal of college of Law for Legal and Political Sciences, 2021, Volume 10, Issue issue 38 part 1, Pages 585-626

Private ownership is the most important natural entrance to increasing development and the most effective way to achieve its causes and results, which leads to the prosperity of the community and ensures its progress. He tried to enclose private property with numerous protections and guarantees, and he was very careful to guarantee it the best protection with explicit and categorical texts that do not bear interpretation.In this research, we have clarified the role that both the administrative and constitutional judiciary play in protecting private property, which is one of the most important rights enjoyed by members of society, and what it constitutes a guarantee against the abuse, tyranny and pervasiveness of the public authority and the administration when it tries to apply some restrictions imposed on private property. The public authority and administration of the constitutional and legislative rules that lay down the specific scope of those restrictions.We also decided to clarify the concept of both custody and guard, as well as to identify the controls and guarantees set by the legislator and emphasized them, and he was keen that the public authority and the administration are committed to following them and not exceeding them when trying to apply these restrictions, which paved the way for our study and understanding of the role played by the administrative and constitutional judiciary its clarification and the protection it provides for private property; To ensure that there is no abuse or abuse.

The Independence Of The Iraqi State Council From The Executive Authority ((A Comparative Study)) (Quoted)

Ahmed Khorshid Hamidi Al-Mafraji; Muhammad Salim Muhammad Amin; Qusay Ahmed Fadel

Journal of college of Law for Legal and Political Sciences, 2021, Volume 10, Issue Issue 37 part 1, Pages 426-464

The existence of the independent Council of State is considered to be an important guarantees in all countries that adopt the dual justice system, This Council is committed to achieving justice, This requires ensuring the separation of this Council from the executive and legislative authorities. This independence is a result of the rule of law, aims to achieve justice through the control of the principle of legality in the work of the administration and the protection of rights and freedoms of individuals by the Council of State, and independence is essential for the neutrality and objectivity of the application of the law in the face of the parties, the State Council is unable to carry out its tasks effectively, unless ensure its independence. In Iraq, the State Council was established by Law No. (65) of 1979, called (State Consultative Council), as a department belong Ministry of Justice, which was first specialized in legalization and the beginning of the opinion in the legal affairs of the state, and then under the second amendment thereto by Law No. 106 of 1989, The Constitution of 2005 stipulates that the Council of State may be established by virtue of the provisions of Article 101. Its functions have been defined by the functions of administrative judiciary, advisory function and representation of the State before the courts. 2017, to make it an independent judicial body with a moral character.