The importance of the judiciary in Iraq in establishing the axiom of law

Abstract

Administrative judiciary is the authority responsible for protecting the principle of legality and ensuring that administrative bodies comply with the law. It has taken on this role since its inception and continues to do so to this day. This role has not been absent in the Iraqi administrative judiciary, similar to other countries that have adopted the dual judicial system. However, there are additional tasks undertaken by the administrative judiciary, such as working to establish legal principles—which are of great importance in the legal world and are considered a significant source of legislation—through their discovery and application.

               The administrative judiciary, both in France—the pioneer in this field—and in Egypt, has taken on this responsibility. We observe that it has established many legal principles through a large number of judicial rulings issued in various cases. Upon reviewing the rulings issued by the administrative judiciary in Iraq, we find that it has not deviated from the path taken by administrative courts in leading countries in this domain, especially France.

              Although the administrative judiciary in Iraq has a relatively short history—it began in 1989 through the second amendment to the State Council Law No. 76 of 1979—it has been rich with numerous important judicial rulings that have contributed to the establishment of key legal principles.

              This research discusses the emergence of the administrative judiciary in Iraq and its applications through the courts responsible for administrative judicial functions—namely, the Administrative Judiciary Court and the Employee Judiciary—which have worked to establish a large number of important legal principles.

              The research is organized into three main sections, each divided into two subsections, in addition to a conclusion that includes a number of findings and recommendations.