It is recognized, that the constitutional text is the binding rule for all persons of the state, whether rulers or ruled, with all the contents of the constitutional texts, and thus the three authorities; Legislative, judicial, and executive are bound by the content of these texts, as it is not possible for any of these authorities to confer their own visions and perceptions on the constitutional text, so it is necessary to return to the will of the constitutional founder, in order to clarify the meaning that he seeks by placing that text. This includes the content of Article (93/Third) of the Constitution of Iraq for the year 2005, which referred to the disputes that the Federal Supreme Court is competent to consider. 83) of the amended 1969, one of the issues that arise before the courts, as a result of the interactions that can occur when adapting the legal relationship, and assigning it to one court rather than another, and to the developments witnessed by the Iraqi judicial system after its transition from the unified judicial system to the dual judiciary, Which is a qualitative leap in devoting the functional jurisdiction of the judiciary, as the competencies and their diversity are evidence of the sophistication and diversity of society, but in a case that can be described as rare, we find that there is a conflict of jurisdiction that arose between the Federal Supreme Court and the courts of first instance. The Employees Judiciary Court) in the administrative courts, and this rarely happens in international legal systems, as disputes that occur between courts are often between the courts of the judicial authority or the same degree. In the event of a conflict in jurisdiction between the courts of the ordinary judiciary and the courts of the administrative judiciary, here the authority for appointing the reference can address according to the provisions of the State Council Law of 1979. Or it may occur between the courts of the same judiciary, so the Supreme Court has the final word in this judiciary.
اصدرت المحكمة الاتحادية العليا قرارها بالعدد (9/اتحادية/2023) في 14/11/2023 والمتضمن الحكم بانهاء عضوية النائب ( ل.م.ح.د) وعضوية رئيس مجلس النواب (م.ر.ح) اعتباراً من تاريخ صدور الحكم في 14/11/2023 في قضية تتخلص وقائعها قيام النائب ( ل.م.ح.د) باقامة دعوى ضد رئيس مجلس النواب (اضافة لوظيفته ) حول قيام الاخير باستخدام طلب للاستقالة قدم من قبله بتاريخ 7/5/2022 اثناء الدورة النيابية الرابعه تحت الضغط والاكراه لاسباب سياسية ، ولم يتخذ رئ
... Show MoreJurisdictional conflict is legally concerned with the dispute between two judicial bodies concerning the consideration of a specific subject, such as the dispute between the ordinary judiciary and the administrative judiciary in the countries that adopt the dual justice system. The dispute also takes place between two courts that have a single judicial system، Among them, there may also be a conflict in the countries that adopt the federal systemو، which is a manifestation of the bilateral judicial system, which is one of the most important reasons for conflict of jurisdiction in the federal states. It is known that Iraq has become a double jurisdiction by the issuance of Law No. (106) 1989 Second Amendment to the law of the State Cou
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The plea of lack of jurisdiction is the most important formal defense in the administrative judiciary, it is a denial of the court’s authority in hearing the case for its deviation from the limits of the jurisdiction that the law has decided for it, and if that court issues a decision in pleading not to have jurisdiction directed at it, the matter does not deviate from one of two decisions, it is either to decide that it is She is competent to hear the case, so she refuses the payment and proceeds to examine the matter, or she decides to accept the defense of lack of jurisdiction raised by the litigants, or on her own if the matter is related to the public order, and she must here refer the case to
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أصدرت المحكمة الاتحادية العليا قرارها المرقم 90/اتحادية/2019 الصادر في 28/4/2021 الذي جاء فيه (لابد للمحكمة الاتحادية العليا من العدول عن قراراتها السابقة بخصوص استحصال موافقة مجلس النواب بشكل مطلق عن أي جريمة يتهم بها أياً من أعضاء مجلس النواب واقتصار ذلك بحالة واحدة فقط وهي (عدم جواز تنفيذ مذكرة القبض الصادرة عن جريمة جناية غير مشهودة متهم بها عضو مجلس النواب خلال مدة الفصل التشريعي او خارجه الا بعد استحصال الاذن
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The aim of the research is to show the extent of the impact of administrative coordination on municipal performance after the state’s tendency to implement administrative decentralization and transfer of powers (administrative, legal, financial, and technical) from the Federal Ministry (construction, housing, municipalities, and public works) to local governments (governorates), to meet local needs, And since the municipality is considered one of the local administrative institutions and most of its goal is to provide increased municipal services to citizens due to population growth and urban expansion of cities by coordinating their actions using their powers, and in order to address gaps i
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يصدر القضاء الدستوري احكامه على وفق اختصاصاته المتعددة ، وأخصها احكامه المعدمة للقوانين المخالفة للدستور ، لذا فإن ذاتية احكامه وصفاتها تمايزت عما سواها من الاحكام القضائية ، وامتازت عليها بخصائص العموم والالزام المطلق والبتات النهائي ؛ من هنا تقايست تلك الاحكام مع القواعد القانونية التي تسن بخصائص العموم والتجريد حتى باتت تنشر بالجريدة الرسمية ذاتها وأصبحت لا تقبل المطاعن التمييزية كونها مقترنة بقرينة
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Sort out the stability of the principle of separation of power to stabilize the rules for the distribution of power to the three state authorities (legislative, executive and Judicial), this, in turn led to emergence of the principle of legislative unilateralism, which means that the legislative authority is unique and not the other by exercising legislative competence, except with the permission of the legislative or the provisions of the constitution, this led to the emergence of what is known as the traditional relationship between law and regulation. However, this principle began to lose it, severity due the political, social and economic condition which changed the relationship between the law and the regulation, consequently, the l
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Exercising the universal jurisdiction requires having in place some national legislations. If the legal principle is generally agreed upon at the international level, this does not prevent nations from passing some internal or local legislations that may enable the national courts to enforce the universal jurisdiction. Transcending the philosophical and theoretical frameworks of any principle will
This paper, entitled “The Conditions of Exercising Universal Jurisdiction: A Comparative Study”, tackles the conditions and requirements of exercising universal jurisdiction in both subjective and objective aspects, in the Iraqi penal code and the international laws under comparison.
The US invasion of Iraq in 2003 unleashed the repressed national aspirations of the Kurdish people. After the colonial powers, especially Britain, failed to establish a homeland of scattered Kurds in Iraq, Turkey, Syria and Iran, Iraq's Kurds managed to establish a semi-independent state in the north of the country Which lasted decades against the central authority in Baghdad in protest against what they call the forced integration of Kurds in the Iraqi state, and to obtain more rights and privileges as partners in this country. The federal region in the Kurdistan region of Iraq has become a reality, and it is eager not to strengthen its authority in return for the authority of the central government, but to annex other areas inhabited b
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Is no longer a football player looks to sport as a means of entertainment and physical development. But become see as part of The economic and is getting in return for the effort of، Through a contract with a club to organize the activity which is called a contract of professional, This contract is similar to the rest of the contracts in terms of problems and dispute that arise during the implementation or after it ends because of the nature of sports to such disputes and privacy being subject to special rules (regulations, national and international professional) required that subject to judicial bodies private mission confined settle sports disputes these entities and is affiliated unions legal committees and the court of arbitration for
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