Practical challenges and prospects for reform in applying the principle of legality (in Iraqi and Iranian law)

Abstract

This research addresses the practical challenges facing the application of the principle of legality in both Iraqi and Iranian law, as it represents one of the fundamental pillars of the rule-of-law state. It aims to analyze the extent to which the administration complies with the law in practice and to clarify the role of administrative judiciary in exercising control over administrative actions. The study also highlights deficiencies in legislation and procedures that hinder the effective implementation of this principle. Furthermore, it includes a comparative analysis of the two legal systems to identify similarities and differences in regulating the principle of legality. The research discusses major practical obstacles such as weak oversight, procedural delays, and limited legal awareness. It also explores reform prospects through the development of legislation and strengthening the independence of the administrative judiciary. The study concludes with the necessity of comprehensive reforms to ensure the effective application of the principle of legality. This research employs a range of scientific methodologies, including a descriptive-analytical approach to explain the principle of legality and analyze legal texts and practical applications, and a comparative approach to compare Iraqi and Iranian law in regulating and applying this principle.

The research is structured into two sections. The first section addresses the theoretical framework of the principle of legality, including its concept, sources, and scope of application, with the aim of establishing a knowledge base for understanding the subject. The second section focuses on the practical challenges hindering the application of this principle in both Iraqi and Iranian law, through an analysis of legislative, judicial, and administrative aspects, and a comparison between the two systems.