The importance of the independence of the Iraqi State Council

Authors

  • Omar Hammad Salih Cairo University - College of Law
  • Professor Doctor Ali Fawzi Almosawi University of Baghdad - College of Law

DOI:

https://doi.org/10.35246/jols.v37i1.461

Keywords:

Council of State, The importance of independence, the rule of law, Rights

Abstract

The State Council is always the trusted advisor to the administration in matters emerging, and the trusted repository of its secret. It assists the administration in the process of developing the appropriate formula for draft laws, regulations, and instructions, in order to make them lead to their intended goal, through its advisory function.

    He is rightly considered the symbol of administrative justice and its faithful habitat. With what it lays down the principles of legality, and with its prestige, strength, integrity, and well-established traditions, it can always confirm the guarantee of its aspired independence, and that the rule of law has a tool for its advancement, not separated from its conscience, but rather interacting with it. To guarantee its advancement to broader horizons than upholding the values ​​of truth and the elevation of the word of law.

   He is the government's advisor and the drafter of its legislation. He carries out judicial oversight over the administration's actions if the rights and freedoms of individuals are abused, until the State Council has become the bulwark of legality and the protector of rights and freedoms.

Downloads

Download data is not yet available.

References

I. Shams El-Din Al-Sharif, Dr. Bashir and Samiha, Laqabi, 2019, The Principle of Legal Security (Thoughts on Content and Legal Value), International Journal of Legal Research, Volume 3, Issue 3, September.

II. Omar, Dr. Shorsh Hassan and Abdullah, Dr. Khamosh Omar, 2019, The Role of Legislative Justice in Achieving Legal Security, Research Published in The Academic Journal of Legal and Political Research, Volume Three, Issue Two, September.

III. Fath Al-Bab, Dr. Aliwa Mustafa, 2016, Mediator in The Enactment, Drafting and Interpretation of Legislation, Book One, Procedures for Enacting Legislation, Cairo.

IV. Faisal, Dr. Ghazi, Made a Statement Regarding the Parliament’s Initiative to Amend the State Council Law, in his letter No. (517) on 10/4/2020.

V. Attia, Dr. Mahmoud Hamdi, 2017, The Independence of the State Council and Legal Advice to the Administration, Dar Al-Nahdha Al-Arabiya, Cairo.

VI.D. Attia, Dr. Mahmoud Hamdi, 2020, The Importance of the Advisory Role of The State Council, Dar Abo Al-Magd, Cairo.

VII. Attia, Dr. Mahmoud Hamdy, 2016, The State Council and the Jurisdiction of the Legal Ifta for the Administration, Dar Abo Al-Magd, Cairo.

VIII. Salem, Dr. Hanim Ahmed Mahmoud, 2021, Guarantees of Legal Security and The Role of The Supreme Constitutional Court in Ensuring it, Dar Al-Fikr Jamia, Alexandria.

IX. Al-Jamal, Dr. Yahya, an article entitled: The State Council is the Protector of Liberties, published on the following website: https://www.ahl-alquran.com.

X. Al-Sanhoury, Dr. Abd Al-Razzaq, 1950, Journal of the Egyptian State Council, first issue, Cairo.

XI. Al-Tamawi, Dr. Suleiman Muhammad, without publication year, Administrative Judiciary, Book One, Judiciary of Cancellation, seventh edition, Dar Al-Fiker Al-Arabi, Cairo.

XII. Saleh, Omar Hammad, 2020, The Role of The Iraqi State Council in Expressing Opinion and Fatwa, Research Published in The Journal of Comparative Law, Iraqi Comparative Law Society, Issue 75, Baghdad.

XIII. The decisions and fatwas of the Iraqi State Council for the year 2019, 2020, Matba't Al-Waqif Al-Hadeth, Baghdad.

XIV. Abo Rahil, Al-Qadhy Muhammad Shukri, and Salem, Dr. Hanim Ahmed, 2021, The role of the State Council in balancing the principles of legality and legal security, first Edition, Dar Al-Nahdha Al-Arabiya, Cairo.

XV. Darwish, Majid Mejhoul, and Sasa’, Dr. Ismail, 2014, The Role of the advisory bodies of the State Shura Council in supporting judicial jurisdiction, a comparative study, Research Submitted to The College of Law, University of Babylon.

XVI. Sabra, Counselor Mahmoud Mohamed Ali, Legislator, Goldsmith and Judge, Article Published in The International Training Group, Cairo. www.sabra-lt.com.

XVII. Krsou, Counselor Taha Abd, 2021, an Overview of The Role of The State Council (judicial - fatwa - legislation) in Achieving Administrative justice, International Journal of Jurisprudence, Judiciary and Legislation, Volume 2, Issue 1.

XVIII. The Constitution of the Republic of Iraq for the year 2005.

XIX. Iraqi State Council Law No. (65) of 1979 (amended).

XX. Law of the Fifth Amendment to the Iraqi State Council Law No. (17) of 2013.

XXI. Iraqi State Council Law No. (71) of 2017.

XXII. Egyptian State Council Law No. 47 of 1972.

XXIII. The Constitution of the Arab Republic of Egypt for the year 2014.

XXIV. Provisions of the General Assembly of the Fatwa and Legislation Sections of the Egyptian State Council.

XXV. Judgments of the Supreme Administrative Court in Egypt.

Downloads

Published

2022-06-15

How to Cite

Salih, Omar, and Ali Almosawi. 2022. “The Importance of the Independence of the Iraqi State Council”. Journal of Legal Sciences 37 (1): 402-29. https://doi.org/10.35246/jols.v37i1.461.

Similar Articles

111-120 of 484

You may also start an advanced similarity search for this article.