الإدارة القاضية في التشريع العراقي قانون مؤسسة الشهداء انموذجًا

Judicial Administration in Iraqi Legislation Alshuhadaa' Foundation Law as a sample

The relationship between administration and individuals in modern states necessitates a delicate balance of administrative powers and individual rights. It is necessary to provide effective mechanisms for resolving disputes that arise between them quickly and effectively, because states play an important role in achieving their goals and ensuring the stability and development of society; therefore, they must intervene in multiple areas and take effective and flexible measures to ensure the desired outcome. With the growing number of duties and challenges facing the state, it becomes necessary to expand its role and intervene in many different kinds of activities; through the adoption of simple and flexible methods, so the state can successfully complete the tasks given to it. Of course, accepting the practice of the administration and its possession of this authority was not easy, because it faced many difficulties in this field.
In light of the above, a research was conducted on the significance and the role of councils, committees, and administrative organizations with mixed composition in Iraq, where they are given judicial powers with the goal of ensuring effective administration while providing the essential assurances. However, actual reality shows that there is a major gap in the Iraqi legislator’s methods for dealing with these councils and committees, which affects their effectiveness and management. The most prominent example of this is the committees formed according to the AlShuhadaa Foundation Law in Iraq, which suffer from a clear legislative deficiency, especially since they play a prominent judicial jurisdiction. The purpose of this study was to examine how these councils and committees apply the laws enacted to govern their work, as well as the extent to which they are effective in achieving their specific goals, particularly since the legislator granted them the authority to resolve important administrative disputes, allowing us to shed light on the legislative and administrative challenges that these councils and committees face in Iraq.
One of the primary reasons for studying this topic is the significance of studying administrative committees with judicial jurisdiction; by looking at
their effect in determining the legal borders of each of the three state authorities (legislative, executive, and judicial), and clarifying the role of the legislator indistributing judicial functions in a manner that is consistent with their effect in determining the legal borders of each of the three state authorities (legislative, executive, and judicial), and clarifying the role of the legislator indistributing judicial functions in a manner that is consistent with the state’s system of government and legal structure, and defining how to achieve a balance between the various authorities in the state while ensuring that none of them exceeds the powers of the others, with a more complete explanation of how to form these committees and efficiently implement them inside the state’s legal structur