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Legislative shortcomings in the State Council Law (a comparative analytical study between Iraqi and Egyptian legislation) | ||
| Journal of Anbar University for Law and Political Sciences | ||
| Article 28, Volume 14, Issue: 2 part 2, December 2024, Pages 736-756 PDF (613.11 K) | ||
| Document Type: Research Paper | ||
| DOI: 10.37651/aujlps.2024.153767.1357 | ||
| Author | ||
| Nooralhuda Jameel Khalaf* | ||
| Imam Al-Kadhim College for Islamic Sciences - Basra Departments | ||
| Abstract | ||
| The judicial jurisdiction of the State Council is one of the applications of the constitutionally guaranteed right to litigate, which requires establishing the foundations and controls that guarantee its exercise, which means that it is not enough for the legislator to organize this right, which we mean by the right to litigate before the State Council courts, but rather it is necessary to be precise in this organization, as the existence of a deficiency in the legislative organization of this right is considered a violation of a right guaranteed by the Constitution, and we have shown how the legislative deficiency in the State Council Law affects the effectiveness of the judicial oversight exercised by the Council in its various courts, and this is due to the fact that the legislation must respond to the requirements of practical reality, which requires the existence of precision in the organization while taking into account the nature of administrative disputes and their difference from civil disputes. The State Council Law, in various aspects, did not take into account the difference in the nature of administrative disputes from civil disputes. The law referred the issue of organizing procedural matters to the Civil Procedure Law and the Criminal Procedure Law. In other words, the law did not organize the formal procedures that must be followed to appeal before its courts. In addition, there are many administrative disputes that the legislator removed from the jurisdiction of the administrative judiciary. | ||
| Keywords | ||
| Rule of law; Council of state; Objective deficiency; Procedural insufficiency | ||
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