عناصر المنازعات الإدارية : دراسة مقارنة القانون الفرنسي و القانون العراقي

الملخص EN

When you advocate the study of structure and function of governors that would arouse it directly to the theory of the separation of powers.

And You deeply search in this theory, we observe its tenor and meaning would be functions, authorities, structures, balance of authorities, concerns with set apart the three functions; executive, legislative and judicial and the prominent members for each.

The executive (the chief of state - president or king) the members of government (ministers) the body of administration.

The members of legislative function are the representatives of people (the parliament) and those of judiciary are the judges.

The significance in this theory is not the difference of members, but the independence of those members which must be more extensive as much as possible.

Actually, the outcome is the existence of balance more than the independence especially between the political authorities; legislative and executive, the aim is simple since Montesquieu explained in his “The Spirit of the Laws” ((so as not to misuse the authority, cases must be run by power ceases another), it means that the balance between powers must legally allow to avoid one controls and acts the three functions at once.

It is clear through this study ((law (La Loi))) there might be some aspects of the balance in one hand and the difference in the other hand.

The law (La Loi) has been distinguished as expression for a special will which is the legislative volition.

And this law from its emergence until the time in which can be applied should pass five stages: the initiative of suggestion of the law project, the discussion in the parliament about it, the endorsement of law, the issuance of law, and at last the announcement of law.

The legislative power includes a legal authority, which is given by the constitution, and that authority has been granted to another one in the state.

There would be a governmental system has the capability to take part in setting of the law and that should be certain in its contribution in the preparatory stage of the law, or through the stage of pursuance of law.