(Caretaker government legal controls) (A comparative study between the Republic of Iraq, the State of Lebanon and the Islamic Republic of Iran)

The caretaker government is considered a transitional government imposed by modern political reality. It necessitates the existence of an interim government that guarantees the continuation of public facilities and institutions, And that the basis for the existence of a caretaker government is based on the success or reconciliation of two principles, which are the principle of the continuity of the state with the aim of continuing public life, Which is in the interest of the citizens, and this principle requires the government to remain when it resigns or is considered resigned to conduct daily business, Even if it loses its legitimate governmental entity and the principle of parliamentary issues (control), the government will lose its general policies, The powers of this government are limited to conducting current and urgent work, that is, emergency, which is limited to exercising the necessary powers to continue the regular and steady performance of public utilities and does not involve a political option to ensure that it does not deviate from the scope specified for it in order to preserve the principle of legitimacy. However, these limited powers may be expanded in exceptional circumstances that require the protection of the state’s interests, its internal and external security, and its international obligations, whether with neighboring countries or with which they are bound by international treaties. The problem of the research lies in the absence of an integrated legal system for the work of this government in light of the presence of constitutional texts indicating the establishment of a caretaker government without stating its scope of work, and thus the difficulty of restricting what falls within the scope of the resigning government’s powers and the work that comes out of it and whether the government’s competencies are in Under the direction of conducting business, it deviates to all competencies, or there are exceptions to the exercise of some of them, which is a constitutional gap that needs to be addressed. The research aims to identify the nature of the caretaker government by defining its concept and its legal nature and identifying the most important caretaker government cases, as well as the regular and exceptional powers that the government exercises during the caretaker period, explaining the position of the administrative judiciary or the constitutional judiciary on the decisions of the caretaker government.