The Impact of Successive Legal Systems and its Role in the Emergence and Development of the Administrative Judiciary in Iraq

  • Mohammed N. Ali Department of Law, Cihan University-Erbil, Kurdistan Region, Iraq.
Keywords: The legal system, Administrative judiciary, challenges, Judicial body, Administrative authority

Abstract

The study's significance is underscored by the fundamental concept discussed, namely the impact of the legal system and its role in the emergence of the administrative judiciary in Iraq. The study focuses on the impact of successive legal systems on the emergence, development, and delay of the administrative judiciary at the same time due to the challenges it faced. Therefore, the existence of a specialized, independent, and supported judicial body that adjudicates the dispute between the state or its institutions and individuals is of the utmost importance. Nevertheless, the question arises, how can a newly established and newly administrative judiciary balance the interests of the state with that of individuals in the existence of a legal system that restricts the jurisdiction of the administrative judiciary? By describing the legal systems applied globally and showing their type and stages and the law system applied in Iraq, the study has made several results and conclusions. The legal system is a method taken by a state or a body that imposes its legal obligations on those entities (authorities and individuals) under the principle of legality. Thus, the Constitution is a fundamental source of knowledge of the legal and judicial system of any country. The emergence of the legal system in Iraq can also be traced back to the world's first legal laws, such as Urnmo Law (2365-2357 B.C.), all the way to the current legal system in use in Iraq. The principles were inspired by the 2005 Constitution, which drafted a new legal system through which the state structure was rebuilt.

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Published
2021-07-10
How to Cite
Ali, M. (2021). The Impact of Successive Legal Systems and its Role in the Emergence and Development of the Administrative Judiciary in Iraq. Cihan University-Erbil Journal of Humanities and Social Sciences, 5(2), 1-13. https://doi.org/10.24086/cuejhss.v5n2y2021.pp1-13
Section
Articles