الرقابة على أعمال السيادة : دراسة مقارنة

الملخص EN

Under modern democratic systems, the general principle is that the work of the executive branch should be subject to judicial oversight, whether compensation or cancellation as a result of its adverse effects.

However, this principle is subject to an exception that excludes some of its actions from judicial oversight, whatever the degree of illegality.

These acts are called acts of sovereignty or the actions of the government.

which allows it to issue administrative decisions that it does not ask about before any judicial authority.

The theory of acts of sovereignty in Iraq had a tangible role in the Iraqi courts before it was stipulated in the law organizing the judiciary authority No.

(26) of 1963.

It was up to the judiciary to decide the judiciary before this law was issued.

The legislator did not provide any legal provisions on the acts of sovereignty before this date, and in general, the Iraqi lawmaker did not follow a single course in the provision to prevent the judiciary from considering government actions that are considered acts of sovereignty, a period that suffices only to the principle of preventing courts from exposure to acts of sovereignty At other times, just give some examples that are considered acts of sovereignty with the issuance of the Iraqi constitution of 2005, talk of sovereignty in Iraq ended