القرارات الإدارية المستقلة في دستور جمهورية العراق لسنة 2005

Abstract EN

The importance of research in the search for the idea of independent administrative decisions in the Constitution of the Republic of Iraq 2005, to help the Council of Ministers and the provincial councils in carrying out the duties assigned to them, such as the achievement of public security and achieve development, stop wasting public money, fight financial and administrative corruption, reduce the rate of poverty and reduce unemployment rates And others, the House of Representatives may not be capable to put the legal cover to resolve these problems alone, but the administration should issue the necessary legal rules and procedures simpler and faster in legislating laws, and this on the one hand.

On the other hand, the study sets new scientific foundations for discussing the subject, while acknowledging the scarcity or lack of previous studies that deal with the independent administrative decisions in the 2005 constitution for its ambiguity, on the one hand, and the legislator's lack of awareness on the other.

The research deals with a legal problem which is one of the most complex problems of law in Iraqi legislation, namely, the distinction between regulations and instructions.

The legislator has confused them without distinction, sometimes in a single order, leading one function or rising to the level of ordinary legislation at other times.

This raises the fundamental question of the system: Does the idea of independent administrative decisions lie in it? Does it carry the same content? Did The Federal Supreme Court succeeded in the disclosure of independent decisions or denied its existence? Thus, did the idea of independent administrative decisions emerged in the context of the provisions of the Constitution of the Republic of Iraq for the year 2005, or has it disappeared completely? All these questions are answered by this study.