The State Council's Jurisdiction to Develop the Disciplinary System
DOI:
https://doi.org/10.35246/bgq37a27Keywords:
Specialization, State Council, Development, Disciplinary systemAbstract
The special nature enjoyed by the rules of administrative law represented by the historical circumstances of its inception and the multiplicity of areas of administrative activity and its characterization as a rapidly developing law that exceeds the normal development in other laws, especially the laws of public service due to the development of administrative activity, had to be reflected in the laws governing the relationship between the employee and the state, including the Law on the Discipline of State and Public Sector Employees No. (14) of 1991 amended by Law No. (5) of 2008 , and that its amendment in 2008 by introducing some simple amendments does not live up to the level of development of the activity of the administration and the direction of the constitutional legislator in accordance with the Constitution of Iraq for the year 2005, in addition to the fact that the legal rules related to the discipline of employees are inevitably marred by deficiency as a humanitarian work is not characterized by perfection and its generality, especially with regard to procedures and guarantees of administrative investigation and disciplinary violations, opening the door to a developmental role played by the State Council.
Downloads
References
First: Legal books and references
I. Dr. Ahmed Khorshid Hamidi - Dr. Saddam Hussein Yassin, Iraqi Administrative Judiciary, 1st ed., Dar Al-Masala, Baghdad, 2019
II. Dr. Taghreed Muhammad Qaddouri, The Principle of Legitimacy and Its Impact on the Disciplinary System of the Public Service, 1st ed., Al-Halabi Legal Publications, Lebanon, 2013.
III. Dr. Hamed Shaker Mahmoud Al-Taie, Notary Publications in Judicial Reasoning (A Comparative Analytical Legal Study), 1st ed., Arab Center for Publishing and Distribution, 2018.
IV. Dr. Hassan Abdullah Younis, Judicial Developments, 1st ed., National Library and Archives, Egypt.
V. Hussein Abbas Abdul-Ilah, Objective and Procedural Controls for Administrative Investigation, 1st ed., Dar Al-Masala, 2024.
VI. Dr. Hussein Othman Muhammad Othman, Principles of Administrative Law, 1st ed., Al-Halabi Legal Publications, Lebanon, 2010.
VII. Dr. Hamdi Abu Al-Nour Al-Sayed Awis, Advisory Management and the Role of the Judiciary in Supervising It (A Comparative Study), Dar Al-Fikr Al-Jami’i, Alexandria, 2011.
VIII. Dr. Hamid Hanoun Khaled, Human Rights, 1st ed., Dar Al-Sanhouri, Beirut, 2015.
IX. Dr. Saeb Muhammad Nazim, Disciplinary Penalties and Judicial Supervision, 1st ed., Al-Halabi Legal Publications, Lebanon, 2007.
X. Dr. Abdul Qader Al-Shaikhli, Legal Drafting (Legislative, Jurisprudential, Judicial, Advocacy), 1st ed., Dar Al-Thaqafa for Publishing and Distribution, Jordan, 2014.
XI. Dr. Adnan Muhammad Abbas Dabo Al-Zaidi, The Role of the Iraqi Administrative Judiciary in Establishing the General Principles of Law (A Comparative Study), 1st ed., Library of Comparative Law, Baghdad, 2022
XII. Dr. Issam Abdul Wahab Al-Barzanji - Dr. Ali Muhammad Badir - Dr. Yassin Al-Salami, Principles and Provisions of Administrative Law, Al-Sanhouri Library, 2015
XIII. Dr. Esmat Abdel Majeed Bakr, State Council, 1st ed., Dar Al-Kotob Al-Ilmiyyah, Beirut, 2011, p. 210
XIV. Dr. Ali Saad Omran, Administrative Judiciary, 1st ed., Al-Radwan for Publishing and Distribution, Amman, 2016
XV. Dr. Fawzat Farhat, General Administrative Law / Part One, 3rd ed., No publisher, Beirut, 2017
XVI. Dr. Majid Muhammad Yaqout, Explanation of the Disciplinary Law for Public Service, Expanded Edition, Dar Al-Jamiah Al-Jadida, Cairo, 2009
XVII. Dr. Mazen Lilo Radi, Principles of Administrative Judiciary, 3rd ed., No publisher, Baghdad, 2016
XVIII. Dr. Mazen Lilo Radi, General Principles of Law in the French State Council Judiciary, 1st ed., Zain Legal Publications, 2020
XIX. Dr. Mazen Lilo Radi, The Disciplinary System, 1st ed., Dar Al-Masala, Baghdad, 2020
XX. Dr. Muhammad Abdul Hamid Abu Zaid, The Judicial Character of Administrative Law, 2nd ed., Dar Al-Nahda Al-Arabiya for Publishing, Beirut, 1998
XXI. Dr. Muhammad Palestine Hamza, Aspects of Legal Security in the State Council Judiciary, 1st ed., Arab Center for Publishing and Distribution, Egypt, 2022
XXII. Dr. Muhammad Maher Abu Al-Ainain, Al-Mufaddal in Discipline in Public Service and Disciplinary Councils / First Book, 1st ed., Dar Rawae Al-Qanun for Publishing, Egypt, 2020
XXIII. Dr. Muhammad Misbah Al-Qadi, The Right of a Person to a Fair Trial, Dar Al-Nahda Al-Arabiya, Cairo, 1996
XXIV. Dr. Muhyiddin Al-Qaisi, General Administrative Law, 1st ed., Al-Halabi Legal Publications, Beirut, 2007
XXV. Marwa Mahmoud Faris, The Interpretive Jurisdiction of the Iraqi State Council (Comparative Study), 1st ed., Dar Al-Masala, Beirut, 2021
XXVI. Dr. Mustafa Youssef, Disciplinary Responsibility of the Public Employee (Its Limits and Guarantees), No Edition, Maaref Establishment, Alexandria, 2010
XXVII. Dr. Maghawry Muhammad Shaheen, The Disciplinary Decision, Its Guarantees and Judicial Oversight between Effectiveness and Guarantee, No Edition, Cairo, 1986
XXVIII. Naseer Abbadi Hamoud, The Problem of Legal Guarantees towards the Decision to Impose Disciplinary Punishment on the Public Employee (Comparative Study), 1st ed., Center for Arab Studies, Egypt
Second: Theses and Dissertations
I. Mitham Faleh Hussein, Legislative Deficiencies in the Iraqi Penal Code, PhD Thesis, Faculty of Law, Al-Nahriya University, 2018
Third: Published research
I. Dr. Ahmed Kamal Abu Al-Majd, The constructive role of administrative judiciary between formal and substantive doctrines in law, a research published in the Journal of Law and Economics, Cairo University Press, Vol. 32, No. 3, 1962
II. Dr. Hanan Muhammad Al-Qaisi, The scope of the fatwa jurisdiction of the State Shura Council, a published research, Journal of Legal and Political Sciences, Issue 17, 2018
III. Dr. Haider Ghazi Faisal, Legislative shortcomings in the Iraqi Code of Criminal Procedure, a published research, Journal of Law and Political Sciences, University of Iraq, Volume 20-6, Issue 15, 2022
IV. Dr. Zana Raouf Hama Karim, Rayen Abu Bakr Omar, Aspects of the Legislative Role of the State Council, Published Research, Journal of the University of Human Development, Volume (8), Issue (1), 2022, Published on the website (https://journals.uhd.edu.iq/index.php/juhd/article/view/940/667)
V. Dr. Samia Ochan, Interpretation of the Administrative Judge of Legal Texts and Its Impact on Filling the Deficiencies in Administrative Law, Journal of Legal and Political Sciences, Algeria, Issue 17, 2018, Published on the website (https://www.asjp.cerist.dz/en/article)
VI. Dr. Taima Al-Jarf, The Judiciary is a Constructive Source of Administrative Law, Journal of Government Cases, Issue 4, Year 6, D-T
VII. Dr. Abbas Al-Aboudi, The role of the Federal Court of Cassation’s rulings in formulating the legal rule, published research, Journal of Legal and Political Sciences, Volume Thirty, Issue Two, 2015
VIII. Dr. Abdul Hussein Abdul Nour - Dr. Rasha Abdul Razzaq, Justifications of the State Council in interpreting the legal rule, published research, Al-Muhaqqiq Al-Hilli Journal of Legal and Political Sciences, Issue One, Year Five, 2023
IX. Omar Hammad Saleh - Dr. Ali Fawzi Al-Moussawi, The importance of the independence of the Iraqi State Council, published research, Journal of Legal Sciences, University of Baghdad, Volume 37, Issue One, 2022
X. Dr. Mazen Lilo Radi, Judicial Security and the Role of Ijtihad in Administrative Judiciary, published research, Journal of the State Council, Volume One, Issue (Zero), Year One, 2023
XI. Dr. Muhammad Madi, Criminal Protection for the Implementation of Rulings and Decisions of the Administrative Judiciary in Iraq, published research, Journal of the State Council, Volume One, Issue (Zero) Year One, 2023
XII. Dr. Maha Bahjat Younis - Jihad Ali Juma, The Judicial Jurisdiction of the State Shura Council and its Role in Protecting Public Rights and Freedoms, Published Research, Journal of Legal Sciences, University of Baghdad, Volume 34, Issue 3, 2019
XIII. Dr. Wissam Sabbar Al-Ani, Sovereignty Acts in Light of Legislative and Judicial Development in Comparative Systems, Published Research, Journal of Legal Sciences, University of Baghdad, Volume 29, Issue 2, 2014
Fourth: Published Articles
II. Dr. Ali Hadi Al-Hilali, The Authority Competent to Interpret Legal Texts in Light of the Federal Supreme Court Decision No. 48 of 2021, an article published on the website (https://www.iraqfsc.iq/news.4733
III. Najlaa Ahmina, Justifications for the Constructive Role of the Administrative Judge, an article published on the website (https://espaceconnaissancejuridique.com/2024/02/20K (
Fifth: Constitutions
I. The Egyptian Constitution in force for the year 2014, published on the website (https://www.constituteproject.org (
II. The Iraqi Constitution in force for the year 2005, published in the Iraqi Gazette in issue No. 4012 on 12/28/2005
Sixth: Laws
I. Iraqi Civil Law No. (40) of 1951 as amended, published in the Iraqi Gazette No. (3015) on 9/8/1951
II. Lawyers Law No. (137) of 1965, published in the Iraqi Gazette No. (1213) on 12/22/1965
III. Civil Procedure Law No. (83) of 1969 as amended, published in the Iraqi Gazette No. (1766) on 8/10/1969
IV. State Council Law No. (65) of 1979 as amended, published in the Iraqi Gazette No. (2714) on 6/11/1979
V. State and Public Sector Employees Discipline Law No. (14) of 1991, published in the Iraqi Gazette No. (3356) on 6/3/1991
VI. Federal Supreme Court Law No. (30)
VII. For the year 2005 as amended, published in the Iraqi Gazette No. (3996) on 3/17/2005
VIII. Private Higher Education Law No. (25) of 2016, published in the Iraqi Gazette No. 4416 on 9/19/2016
IX. State Council Law No. (71) of 2017, published in the Iraqi Gazette No. (4456)
X. Egyptian State Council Law No. (47) of 1972, published on the website https://marsd.daamdth.org/2018/03/23))
Seventh: Judicial Groups
IV. Collection of State Council Decisions and Fatwas for the year 2017, State Council Publications,
V. Collection of State Council Decisions for the year 2018, State Council Publications,
VI. Collection of State Council Decisions and Fatwas for the year 2019, State Council Publications
VII. Collection of State Council Decisions and Fatwas for the year 2020, Iraqi State Council Publications, Modern Waqf Applicator
VIII. Collection of State Council Decisions and Fatwas for the year 2021, State Council Publications
IX. Collection of State Council Decisions and Fatwas for the year 2022, State Council Publications.
X. Supreme Administrative Court Ruling No. (157/Year 2 Q) on 6/2/1959, Collection of Principles Decided by the Supreme Administrative Court, First Year.
Downloads
Published
Issue
Section
License
This work is licensed under a Creative Commons Attribution 4.0 International License.
Copyright and Licensing:
For all articles published in Journal of Legal Sciences, copyright is retained by the authors. Articles are licensed under an open access Creative Commons CC BY 4.0 license, meaning that anyone may download and read the paper for free. In addition, the article may be reused and quoted provided that the original published version is cited. These conditions allow for maximum use and exposure of the work.
Reproducing Published Material from other Publishers: It is absolutely essential that authors obtain permission to reproduce any published material (figures, schemes, tables or any extract of a text) which does not fall into the public domain, or for which they do not hold the copyright. Permission should be requested by the authors from the copyrightholder (usually the Publisher, please refer to the imprint of the individual publications to identify the copyrightholder).
Permission is required for: Your own works published by other Publishers and for which you did not retain copyright.
Substantial extracts from anyones' works or a series of works.
Use of Tables, Graphs, Charts, Schemes and Artworks if they are unaltered or slightly modified.
Photographs for which you do not hold copyright.
Permission is not required for: Reconstruction of your own table with data already published elsewhere. Please notice that in this case you must cite the source of the data in the form of either "Data from..." or "Adapted from...".
Reasonably short quotes are considered fair use and therefore do not require permission.
Graphs, Charts, Schemes and Artworks that are completely redrawn by the authors and significantly changed beyond recognition do not require permission.
Obtaining Permission
In order to avoid unnecessary delays in the publication process, you should start obtaining permissions as early as possible. If in any doubt about the copyright, apply for permission. Journal of Legal Sciences cannot publish material from other publications without permission.
The copyright holder may give you instructions on the form of acknowledgement to be followed; otherwise follow the style: "Reproduced with permission from [author], [book/journal title]; published by [publisher], [year].' at the end of the caption of the Table, Figure or Scheme.
