The binding force of the advisory opinions of the Iraqi State Council (A comparative study)

Abstract

The advisory role of the State Council is no less important than its judicial role. Consultation is a necessary procedure that avoids problems arising from the lack of uniformity or ambiguity in legal terminology and ensures consistency between legislative texts. It is also an effective measure for protecting rights and freedoms and ensuring that the actions of authorities are aligned with the principle of legality. The importance of this role and the extent to which it achieves its intended purpose depend on the accuracy and clarity of the legal procedures that govern it. The Iraqi State Council exercises its advisory function based on the State Council Law No. (65) of 1979, as amended. This law details the formation, duties, and structure of the Council, including its advisory function.

The importance of consultation lies in its role as a preventative measure to avoid practical problems that may arise from disagreements over the interpretation of a legal text. It also simplifies administrative procedures by allowing recourse to experts. Consultation may be mandatory in terms of its request and implementation, or it may be optional. This is determined by the legal text that regulates consultation procedures according to the legal system of each country. The advisory function of the Algerian Council of State is exercised by a committee, while in Iraq it is exercised by the General Authority and the specialized bodies of the Council of State. The advisory jurisdiction of the Algerian Council of State is limited to draft laws and orders issued by the President of the Republic in cases of urgency, while in Iraq it includes draft laws, regulations, instructions, international treaties, and matters of dispute between ministries and entities not affiliated with a ministry.