Journal of college of Law for Legal and Political Sciences

Abstract

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.