THE IMPACT OF SUCCESSIVE LEGAL SYSTEMS ON THE ADMINISTRATIVE DECISION-MAKING PROCESS IN IRAQ

Main Article Content

Mohammed Noori Ali, Nurhafilah Musa

Abstract

This article aims to assess the effect of successive legal systems on administrative decision-making in Iraq. Particularly, it examines how these legal systems influence decision-making and their implications for individual rights and freedoms. Given its law-oriented nature, this article employs a qualitative, analytic research methodology. It is based on laws, constitutions, textbooks, journals, newspaper reports and case law. It identifies administrative decisions, laws, and other measures and then conducts a rigorous analysis. A key finding is that successive legal systems have endowed the ruling authorities with extensive administrative decision-making power, which these authorities have retained despite the development of Iraq's legal systems. Therefore, it is suggested that the new legal system's decision-making process be governed by the principle of legality and the rule of law. Further, the principle of legality contributes decisively to maintaining a balance between individual rights and the rule of law. Additionally, it activates the principle of separation of powers, ensuring that each body performs its function under the applicable constitution.

Article Details

Section
Articles