"Entrenching Judicial Review over Administrative Actions in Iraq: Towards an Integrative Model Ensuring Legality and Enhancing Good Governance."
DOI:
https://doi.org/10.64184/ajlps.V2.I3.Y2025.P106-125.127Keywords:
Administrative control, public order, rights and freedoms, rule of law, Iraqi ConstitutionAbstract
This research aims to analyze the radical transformations in the concept and practice of administrative control authority in Iraq after 2003. Following decades of centralized totalitarian rule that granted this authority broad and unrestricted powers under the guise of maintaining public order, the new phase has presented challenges necessitating a delicate balance between the demands of state stability and societal security, on one hand, and the protection of fundamental individual rights and freedoms enshrined in the new constitution and international standards, on the other. This study will trace the evolution of this authority within the complex Iraqi context, characterized by security, political, and economic challenges. It will also unravel the inherent dialectic between preserving public order and safeguarding rights and freedoms, examining the legal framework governing this authority, the challenges faced in its practical implementation, and the consequent implications for the rule of law and citizens' rights. The research adopts a critical analytical approach, drawing upon legal and constitutional sources, judicial rulings, specialized studies in Iraqi administrative and constitutional law, as well as reports from relevant international and local human rights organizations. Ultimately, this research seeks to provide a comprehensive overview of the current state of administrative control authority in Iraq, offering recommendations to strengthen the rule of law and protect rights and freedoms amidst ongoing challenges.
References
Arabic References:
1. The Iraqi Constitution of 2005.
2. Law of Governorates Not Incorporated into a Region No. 21 of 2008.
3. Law of the Ministry of Interior No. 20 of 2016.
4. Law Regulating Peaceful Demonstrations No. 1 of 2011.
5. Anti-Terrorism Law No. 13 of 2005.
6. Majid, Ahmed (2010). Administrative Law: A Comparative Study. Dar Al-Nahda Al-Arabiya.
7. Al-Asadi, Ali Hadi Hamoud (2013). Administrative Control and the Protection of Rights and Freedoms in Iraqi Law. Dar Al-Hamed for Publishing and Distribution.
8. Al-Shawa, Ahmed (2015). Administrative Judiciary and the Protection of Fundamental Rights and Freedoms: A Comparative Study. Al-Halabi Legal Publications.
9. Al-Jubouri, Raad Naji (2017). Political and Legal Transformations in Iraq after 2003 and Their Impact on the Authority of Administrative Control. Journal of Legal and Political Sciences, University of Baghdad.
10. Al-Dujaili, Mustafa (2018). The Authority of Administrative Control in Light of Security Challenges: A Case Study of Iraq. Iraqi Center for Strategic Studies.
11. Al-Moussawi, Adnan Muhammad (2019). Judicial Oversight of Administrative Control Acts in Iraq. Journal of the College of Law for Legal and Political Sciences, University of Dhi Qar.
12. Al-Hashemi, Abdul Razzaq (2020). Rights and Freedoms in the Iraqi Constitution: A Critical Analytical Reading. University of Baghdad Publications.
13. Al-Zaidi, Haider Abdul Zahra (2021). The Impact of Corruption on the Performance of Administrative Control Institutions in Iraq. Journal of Law and Politics, University of Kufa.
14. Al-Azzawi, Karim (2022). The Problem of Balancing Security and Freedoms in Iraqi Legislation. Journal of Legal Studies, University of Babylon.
15. Reports of the High Commission for Human Rights in Iraq (annual reports after 2003).
16. Reports of the United Nations Assistance Mission for Iraq (UNAMI) on Human Rights.
Foreign References:
1. Brown, L. N., & Bell, J. S. (2018). French Administrative Law. Oxford University Press.
2. Dicey, A. V. (1915). Introduction to the Study of the Law of the Constitution. Liberty Fund.
3. Human Rights Watch. (Reports on Iraq post-2003, various years). Human Rights Watch Publications.
4. Amnesty International. (Reports on Iraq post-2003, various years). Amnesty International Publications.
5. United Nations. (Reports by the Special Rapporteur on the situation of human rights in Iraq). OHCHR Publications.
6. Rubin, B. (2009). Political Islam and the Transformation of the Middle East. Cambridge University Press.
7. Giddens, A. (1985). The Nation-State and Violence. University of California Press.
8. Scheppele, K. L. (2014). Legal Secrets: Equality and Efficiency in the Common Law. University of Chicago Press.
9. Transparency International. (Corruption Perception Index Reports, specific to Iraq).
