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The role of the administrative judiciary in monitoring the competency requirement for assuming public office in Iraqi law | ||
| AL-Qadisiya Journal For Law and Political Sciences | ||
| Article 22, Volume 16, Issue: 1 part 2, June 2025, Pages 505-520 PDF (931.17 K) | ||
| Document Type: Research Paper | ||
| DOI: 10.63677/jqlap.2025.187842 | ||
| Author | ||
| NOOR ALI KADHIM* | ||
| College of Physical Education and Sports Sciences for Girls University of Baghdad | ||
| Abstract | ||
| This research examines the role of the administrative judiciary in Iraq in overseeing the competence requirement in public office. The importance of this topic stems from its impact on promoting equality, equal opportunity, and efficiency in public service, especially as the Iraqi Constitution affirms equal opportunity in public employment. The study employs a descriptive-analytical approach and a comparative method, examining the Iraqi legal framework and administrative court decisions on the competence requirement and comparing them with other legal systems to highlight strengths and weaknesses in Iraqi legislation . To achieve the objectives of this research and address its problem, a complex scientific methodology will be adopted that combines multiple research methods. The analytical approach will be present through analyzing relevant Iraqi constitutional texts and laws regulating the conditions for appointment to public positions, most notably those articles that emphasize the principle of competence and equal opportunity. The analysis also includes a study of the rulings and decisions of the Iraqi administrative judiciary that addressed appointment disputes and the extent to which the competency requirement was met. Furthermore, a descriptive approach will be adopted to describe the reality of administrative judiciary oversight in Iraq over appointment decisions. This will be achieved by reviewing the mechanisms for judicial appeals against civil service decisions and how the Administrative Court reviews the competency requirement and verifies its presence or absence in cases brought before it. By integrating these methods, | ||
| Keywords | ||
| Administrative judiciary; competence requirement; public employment; judicial oversight; merit principle | ||
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