الشرعية الدستورية لقرارات حكومة تصريف الاعمال - في ظل نصوص دستور جمهورية العراق لعام 2005

Abstract EN

This research paper that entitled "The Constitutional Legitimacy of Decisions of the Caretaker Government under the provisions of the Constitution of the Republic of Iraq 2005", comes to study of the concept of the caretaker government and explain the basis of its constitutional and legal, indicating the temporal and substantive scope of its powers and the extent to which the constitutional and administrative judiciary Censorship on its organizational and administrative decisions, as well as a study the control of the new parliament on its action during that period, and we have adopted the descriptive-analytical-applied approach, in which many gaps were revealed in the texts of the Constitution of the Republic of Iraq in 2005, As well as the issuance of several decisions at the level of the three legislative, executive and judicial authorities related to the subject matter of the study, although there is a lack of decisions of the constitutional judiciary other than the administrative judiciary, which issued some decisions, Which requires the amendment of the provisions of the Constitution of the Republic of Iraq in 2005, especially with regard to restricting the concept and powers of the government during the period of work, and legislation laws that clarify those conditions to prevent the government's use of the legislative vacuum with the activation of the role of the constitutional judiciary in the control of the government during that period