Legal Regulation of Independent Bodies Study of Comparison between Iraq France and the United States of America

In fact, the independent bodies are a new face of the state’s role in all administrative and political fields that seeks, along with the judicial bodies, to monitor the activities of public authorities and reveal their deviations, in order to ensure legal stability on the one hand, and push and influence development in its correct directions on the other hand, that democratic systems that have adopted the principle of separation between The authorities are deficient, such as France, England and the United States of America, from which many modern legal systems have taken this principle. We find that each of the authorities in the state is singled out for a task defined by the constitution without being shared by another authority, which opens the way for that authority to tyranny and control if it does not find someone to limit it. Its despotism is that the control systems developed by the independent bodies came to be independent of the three authorities and at the same time exercise their control over them all, but to varying degrees from one country to another and according to their political systems. As a result, we find that there are some differences in the characteristics of the systems of the independent bodies, but these cannot To move away from the common features between those systems. The countries that have adopted the systems of independent bodies have made it one of the primary tasks of the regulations to control the accuracy of the implementation of laws and the unity of their concept, by investigating the legality of the regulations and orders issued by the higher management bodies and lower administrations. From this point of view comes the necessity to study the legal organization of independent bodies to shed light on the independent bodies in Iraqi legislation and its French and American counterparts. We have used the analytical and inductive texts of laws, as well as the comparative approach between Iraq, France and America. The law did not clearly define the authority’s connection to the legislative authority, but rather stipulated that it is an independent body subject to the oversight of the House of Representatives, contrary to what the Iraqi Constitution of 2005 stipulated in Article (103 / second) that the Board of Financial Supervision is linked to the House of Representatives. The law grants the commission the authority to investigate, and this, in turn, is considered an interference in the work of the judicial authority, since the commission has an executive capacity, according to Federal Supreme Court Decision No. (88) for the year 2010, an executive body, which is contrary to the text of Article (47) of the current Iraqi constitution, and contradicts the text of Article (35). From the amended Judicial Organization Law No. (160) for the year 1979, which relates to investigation authorities. A number of recommendations that we hope will be taken into account, and we ask God for success.