Administrative Oversight over Caretaker Governments Asst. Doctor Najm Abed Adhab

Authors

  • Asst. Doctor Najm Abed Adhab University of Thi-Qar – College of Physical Education and Sports Sciences Author

DOI:

https://doi.org/10.64184/ajlps.V3.I2.Y2026.270-297.328

Keywords:

Government, Administrative Oversight, Conduct of Business, Competences.

Abstract

The continuity of public affairs management is one of the fundamental pillars of government, which necessitates its existence and the exercise of its powers without interruption. However, political and constitutional systems face specific periods of constitutional challenge, leading to the formation of a caretaker government with narrow powers limited to current and necessary matters. In this research, we have clarified the concept of a caretaker government, provided a definition of a caretaker government that regulates its formation and the importance of this government, and explained the self-regulation of administrative oversight over it as a pivotal regulatory mechanism to ensure its adherence to the limits of its temporary mandate. We have also examined the means of activating administrative oversight and its resulting effects. We have reviewed the available means of activating administrative oversight for the administration in monitoring the performance of the caretaker government, including internal and external oversight, and the resulting effects of this oversight, whether related to correcting violations, limiting abuse of power, or enhancing the efficiency of executive performance during the temporary phase. It concluded with a set of recommendations, the most important of which is to define the constitutional framework for the powers of a caretaker government precisely, in order to avoid any ambiguity that may hinder the work of oversight or lead to exceeding its temporary powers, as well as closing constitutional and legislative gaps and establishing effective oversight rules

References

sources

First/ Books :

1. Dr. Essam Nehme Ismail, The Lebanese Political and Constitutional System, Modern Book Foundation, Beirut, 2018.

2. Dr. Noman Al-Khatib, The Mediator in Political Systems and Constitutional Law, 1st Edition, Dar Al-Farqa for Publishing and Distribution, 2011

3. Dr. Hazem Sadek, The Power of the President of the State between the Parliamentary and Presidential Systems: A Comparative Study, Egyptian General Book Authority, 2012,

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7. Juma Al-Atwani, The Federal Court's Decision on the Rule of Caretaker Business, Horizon Center for Studies, 2022.

8. Dr. Abbas Al-Adly, Supervision of the Administration's Work in Light of the Principle of Legitimacy, 1st Edition, Al-Wafa Legal Library, Alexandria, 2018.

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Secondly/ Research :

1. Ibrahim Al-Dulaimi, Monitoring the Actions of the Executive Authority, Journal of Legal Sciences, University of Baghdad, Issue 2, 2019

2. Khatam Hamadi Mahmoud, The Constitutional Legitimacy of the Decisions of the Caretaker Government in Light of the Provisions of the Constitution of the Republic of Iraq of 2005, Published Research, Tikrit University Journal of Law, Vol. 6, 2021

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7. Dr. Kaveh Yassin Saleem, Administrative Control of the Legitimacy of the Administration's Business, Published Research, Proceedings of the Third International Conference on Legal Issues, Faculty of Law, Ishk University, Erbil, 2018.

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9. Dr. Maytham Hussein Al-Shafei, Political Self-Control on the Actions of the Executive Authority: A Comparative Study, Published Research, Journal of the Message of Rights, Second Issue, 2017.

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5. Al-Dulaimi, Supervision of the Actions of the Executive Authority, Journal of Legal Sciences, University of Baghdad, Issue 2, 2019 .

Fourth/ Legislation :

1. Constitutions

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

2 – Laws

1. Code of Criminal Procedure No. 23 of 1971

2. Federal Audit Office Law No. 31 of 2011

3. Federal Integrity Commission Law No. 30 of 2011.

4. House of Representatives Law No. 13 of 2018

3 – Regulations

Cabinet Rules of Procedure No. 2 of 2019 as amended

Fifth/ Judicial Decisions :

1. Federal Supreme Court Decision No. (155/Federal/2015)

2. For the years (2005, 2018) Legal Affairs Department, Baghdad, 2019.

3. Federal Supreme Court Decision (121/Federal/2019)

4. Federal Supreme Court, Decision No. (24/Federal/2022).

5. Federal Supreme Court Decision No. (14) Federal on 22/11/2022.

Sixth/ Parliamentary and Presidential Books and Decisions :

1. Cabinet Resolution No. (328) of 2018.

2. Al-Behind Council Resolution No. (352) of 2018.

3. Iraqi Council of Representatives Letter No. (132) issued on (23/4/2020)

4. Iraqi House of Representatives Letter No. (457) issued on (27/9/2022)

Seven/ Website:

1.https://www.iraqfsc.iq/news.

Downloads

Published

2026-06-01

How to Cite

Administrative Oversight over Caretaker Governments Asst. Doctor Najm Abed Adhab. (2026). Ashur Journal of Legal and Political Sciences Is Issued by the Iraqi Association of Legal Sciences, 3(2), 270-297. https://doi.org/10.64184/ajlps.V3.I2.Y2026.270-297.328

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