مركز مجلس الدولة في التصورات الدستورية و القضائية : دراسة تحليلية نقدية

Abstract EN

Constitutions did not founded except for the purpose of restricting the state's powers and obliging them to submit to its provisions and not to override them.

The constitution, as it will have to put these visions and perceptions expressed by the constitutional founder as a limit that cannot be overlooked and it applies these texts, this idea that was ent in the place of research from which we wanted to show the status of the "Council of State" in the current constitutional regulated of Iraq and we have finished with it To being As part of the components of the independent judiciary, and therefore the same constitutional and legal rules that apply to this authority apply to him, and this result that we obtained was the result of that constitutional structure that the legislator regulated when organizing the provisions for this council and in it we noticed that there are historical principles that support this constitutional concept Also, the comparative countries - Arab and others foreign countries - have tended to do so either text or judiciary, and thus the State Council has become a distinct constitutional status as part of the judicial authority in the state, but the Federal Supreme Court in Iraq has tended to give its own perceptions Its visions are not correct, and even contradictory to each other, when explaining the status of the "Council of State".

It was once portrayed as a "part of the executive branch" and affiliated with it, and it was again portrayed as an "independent body" and has no relation to the federal judiciary, despite the unity of rules Constitutionalism, which established its conceptions by it, and both perceptions in which the court relied on corroborations that did not stand up to logical scientific analysis.