التنظيم القانوني للأنظمة المستقلة في العراق (دراسة مقارنة)

Rp- The legal organization of independent regulations in Iraq (Comparative study) .pdf

Abstract
This study is concerned with independent systems, which are organizational administrative decisions issued by the administration without relying on the law, but rather based on the constitution or custom, and despite the authority of the administration to issue executive regulations, necessity regulations, delegating regulations, and other powers, it did not fulfill its need to carry out the duties assigned The emergence and development of these systems is due to many justifications, the most prominent of which are war, economic conditions, and the change in the principles of separation of powers and the concept of law. The scope of these systems was determined initially within the limits of public utilities and administrative control, and then they are of a limited scope, but the scope of these systems It changed according to the French renewal in the constitution of 1958 and became of wide scope, while the law became of limited scope. However, this renewal did not affect the scope of these systems in the Egyptian legislation as it remained maintaining the traditional relationship of the scope of the law and the regulations, while the Iraqi legislator was content with a very limited scope for the independent systems. And that is in the text of Article (85) of the Constitution of the Republic of Iraq for the year 2005, which stipulates the system of the cabinet facility, while the need and necessity called for it to be for the administration in Iraq Powers greater than that, and the legislation of comparative countries agreed not to grant this power to the local authorities, and its issuance was limited to the central authority represented by the President of the Republic or the Prime Minister, and the role of the State Council, which plays a major role in protecting rights and freedoms by scrutinizing legislation before issuing it, is highlighted. However, the Iraqi legislator did not oblige the administration, as in the French and Egyptian legislation, by an explicit text, to review the State Council before issuing the regulations. The submission of these regulations to the principle of legality and observance of legal hierarchy. Despite the disappearance of the law from the scope of these regulations, they are obligated not to violate the general principles of law and what is above them in the legal rank up to the constitution, and because judicial oversight is the best guarantee to compel the administration to respect the principle of legality; Therefore, it is subject to the control of the administrative judiciary in France to control its legitimacy in the broad sense to include the control of the constitutional being part of us, unlike the Egyptian and Iraqi legislation that introduced constitutional control over independent regimes, and this is in the event that the systems violate the constitution, while it is subject to the control of legality in the event that the systems violate the law or the principles common law.