Consultancy Jurisdiction of the Iraqi State Council: A Comparative Study

Rana Ali Hameed
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Rana Ali Hameed: Faculty of Law and Political Science, alIraqai University, Iraq

The Journal of Social Sciences Research, 2019, 31-43 Special Issue: 1

Abstract: The Iraqi Council of State is a constitutional institution of a judicial and advisory nature with functions guaranteed by constitutional and legal rules. The Advisory Council of the Iraqi Council of State represents one of the two pillars of the post, as well as the judicial function established by Law No. 106 of 1989. It shall be entrusted with the legal opinions that illuminate its legal path and solve any problems that may arise among its departments. It also contributes to the preparation and drafting of laws related to public administration. This jurisdiction includes the presence of an entity possessing scientific expertise for its performance Under this function, the Council appears as a legal adviser to the State, which is provided with legal opinions that illuminate its legal path and resolve problems that may arise among its departments. It also contributes to the preparation and drafting of laws related to public administration. It is also of great importance to the state departments and their employees when they start their job responsibilities by properly implementing the laws based on the advisory opinions of the State Consultative Council in interpreting the various legislations in order to avoid misinterpretation of the laws or in their application, In this paper, we discussed the analytical approach of legal texts and the comparative method in scientific research by comparing the legislative texts mentioned in the comparative systems with comparing them with the legal opinions and decisions issued by the Iraqi Council of State, similar to those issued by the State Councils in comparative systems in France and Egypt. The research also includes an introduction and three sections The first topic revolves around the concept of the advisory jurisdiction of the State Council, while the second section we address it examined the legal basis for the jurisdiction of the Advisory Council of State, and then the third section we will cover it to the types of consultations expressed by the State Council, the legal value to it, and finally the conclusion.

Date: 2019
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