Legislative shortcomings in the Iraqi State Council Law No. 71 of 2017 | ||
| Journal of Anbar University for Law and Political Sciences | ||
| Volume 13, Issue: 1 part 2, June 2023, Pages 441-468 PDF (645.23 K) | ||
| Document Type: Research Paper | ||
| DOI: 10.37651/aujlps.2023.140417.1008 | ||
| Author | ||
| Falah Hassan Alysi* | ||
| كلية القانون - جامعة وارث الانبياء عليه السلام | ||
| Abstract | ||
| The legislative insufficiency is the unsuitability of legislation with reality to change the prevailing legal idea which leads Which leads to infringing on the rights and freedoms of individuals, so the legislator resorts to amending or cancellation or the establishment of specialized bodies to guarantee them, including the establishment of the administrative judiciary in Iraq according to the State Consultative Council Law No. 65 of 1979. In order to enhance the independence of the Council and change its name, the State Council Law No. 71 of 2017 is enacted. Although the State Council has become an independent body, it still suffers from the legislative insufficiency, as the law did not grant the administrative judiciary the general jurisdiction to adjudicate administrative disputes, as well as not observe the specificity of the administrative cases from the procedural aspects. Therefore, this article dealt with the aspects of legislative shortcomings in the Iraqi State Council Law No. 71 of 2017 to be a guide for the Iraqi legislator to address the insufficiency and take into account the privacy of administrative disputes and their role in ensuring the public interest on the one hand and rights and freedoms on the other. | ||
| Keywords | ||
| : Administrative Judiciary,,; ,،Legislative Insufficiency,,; ,،Law of Council,,; ,،the nature of the council | ||
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