المبادئ القانونية لإصدار الأنظمة الإدارية في العراق

الملخص

This study examines the legal principles governing the issuance of administrative regulations in Iraq by analyzing the constitutional and legislative foundations of regulatory authority, the formal and substantive constraints that limit its exercise, and the scope of judicial review over its legality. The research addresses the core issue of defining the boundaries between legislative and regulatory functions and assessing the extent to which the executive authority complies with the principle of legality and the hierarchy of legal norms when issuing administrative regulations. The study adopts an analytical approach to relevant constitutional and legislative texts, supported by administrative law doctrine in interpreting the concept and limits of delegated legislation. It concludes that the power to issue administrative regulations in Iraq is a derived authority based on statutory delegation and may not alter or exceed the substance of the law. The research further demonstrates that formal requirements - such as competence, procedural compliance, and publication - constitute essential conditions for validity, while judicial review serves as a fundamental safeguard against misuse or excess of regulatory power. The study ultimately emphasizes that strengthening the rule of law in Iraq requires clearer legislative drafting of delegation provisions and effective judicial oversight to ensure a balance between administrative efficiency and the protection of rights and freedoms.