الرقابة القضائية على الهيئات الإدارية اللامركزية في العراق

Author

القيسي، نذير ثابت محمد علي

Source

مجلة الكوفة للعلوم القانونية و السياسية : مجلة علمية محكمة

Publisher

University of Kufa Faculty of Law

Publication Date

2018-04-30

Country of Publication

Iraq

No. of Pages

19

Main Subjects

Law
General Management

Topics

• Law
• Administrative law
• Decentralization
• Iraq
• Judicial control

English Abstract

While public law recognizes that decentralized organs should have an suitable level of autonomy in the management of internal public utility and to protect the interests of individuals, this requires that they freely exercise the powers conferred on it, but that independence is not absolute and does not in any way mean that the authorities are subject to various types of control, some of it are mentioned in the 2005 constitution, and others are mentioned by the Law of Governorates which aren’t organized in Region No.

(21) of the year 2008, where Subject to administrative control which exercised by the central executive authority and legislative oversight represented by the parliament.

But these two types of control are not sufficient to achieve the basic objectives of the control of the work of the central organs, there must be another type of control to ensure that not to harm the local interests and not to break the principle of legitimacy and violation of the provisions of the Constitution and the law, and this can only be achieve only by the judicial oversight which monitor the work of decentralized organs, and judge the disputes that may be happen between them and the central government, and this is what the Iraqi legislator in Article (93) Of the Constitution, which showed the jurisdiction of the Federal Supreme Court, including the separation of disputes between the Central Government and the Governments of the provinces and Governorates, municipalities and local administrations, also, decentralized organs to the control of the Administrative Court by examining the legitimacy of administrative decisions which issue by it in order to protect the principle of legality.

Data Type

Conference Papers

Record ID

BIM-833356

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