Keywords : executive


COOPERATION BETWEEN THE LEGISLATIVE AUTHORITY AND THE EXECUTIVE AUTHORITY UNDER THE PROVISIONS OF THE CONSTITUTION OF THE REPUBLIC OF IRAQ FOR THE YEAR 2005

Hashem Hussein Ali Al-Jubouri; Salah Rafiq Zaman

Journal of college of Law for Legal and Political Sciences, 2021, Volume 10, Issue Issue 39 part 1, Pages 385-404

The principle of separation of powers is the main and basic principle upon which all parliamentary systems stand, and each system has its own interpretation of this principle, including the parliamentary system, which embraced the separation of powers as a chapter marred by the spirit of cooperation and mutual oversight between the legislative and executive authorities, and which made this cooperation and oversight a fundamental pillar on which it rests and confirms. Its existence, which led some jurists to say that cooperation and oversight is the basis for the existence of the parliamentary system, and rather to say that this cooperation does not exist in other parliamentary systems, namely the presidential system, which is based on the absolute separation of powers, and the council system, which is based on the dominance of power Legislative authority over the executive authority, there is no room for cooperation in these systems, but the parliamentary system is unique to them and is exclusive to them

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.