الدور السياسي لمجلس الدولة في العراق

مهدي محسن بحر, م.د. نجلاء

doi:10.63677/jqlap.2021.180227

	الدور السياسي لمجلس الدولة في العراق
AL-Qadisiya Journal For Law and Political Sciences
Volume 12, Issue 1, June 2021, Pages 404-425 PDF (1013.54 K)
DOI: 10.63677/jqlap.2021.180227
Author
م.د. نجلاء مهدي محسن بحر
AL-Qadisiya Journal
Abstract
The Iraqi Council of State is an independent body with a legal personality. It was established by Law No. (71) of 2017, in accordance with the provisions of Article (101) of the Iraqi Constitution. The State Council exercises its functions under the State Council’s Shura Law No. 65 of 1979. The powers of the council are of a judicial nature, and are the jurisdiction of the Administrative Court, the Personnel Judiciary Court and the Supreme Administrative Court. The Council also has an advisory role for the Legal and Legal Advice Department.It is also noted that the State Council assumes a political role when exercising the above-mentioned functions. In the scope of advisory competencies, the council exercises a political role according to two criteria: the first is the objective criterion and the second is the criterion of the body requesting legislation or fatwa. As for the judicial competences, they are devoted to the powers that the Administrative Court exercises in the field of protecting political rights and freedoms
Keywords
The State Council; judicial advice; legal opinion; political rights and freedoms

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