The powers of the executive authority in the field of administrative control and means of its implementation in Iraq

Abstract

Through our research on the powers of the executive authority in the field of administrative control and the means of implementing them in Iraq, we have tried to shed light on the legal aspect of the systems related to administrative control, which relate to the powers of the executive authority, and which are considered a type of administrative regulatory decisions issued by the administration by its sole will. These systems are characterized by three main characteristics: (subordination to the law, generality, and limitation) and have less legal force than the ordinary law for which they were issued to implement, which means that they can be challenged, disputed, and proven illegitimate. In the event of damage, it can be compensated or judicially cancelled, while the law, once issued, acquires immunity and can only be challenged by the constitutional judiciary. The main role of this type of decision is to clarify the detailed provisions. Through the descriptive analytical research approach, the research came out with a set of results, including that the Iraqi system law grants various authorities the powers to issue disciplinary decisions to maintain public security, as the Prime Minister and governors are given the right to make decisions to maintain public security. Administrative control is also an effective tool for countries in preserving the powers of the executive authority, as it enables these authorities to intervene quickly and directed to maintain order and security in the use of this interest, while emphasizing that such decisions must be justified and based on prevailing laws to ensure their legitimacy and effectiveness. In Iraq, administrative control directly affects the powers of the executive authority by regulating economic activities.