The Relationship between the Executive and Judicial Authorities in the Iraqi and Iranian Constitutions

The judiciary was able to censor the actions of the executive branch, even if they were sovereign actions, and they were able to hold the state accountable for its legislation that i.e. could cause harm to constitute a prejudice to the rights and freedoms of the common people. Citizen, whether it was a mistake from him or even without mistakes. The reason for all this is that the exercise of the rule of law and parliament has often led to abuses by the executive authority at the expense of rights and freedoms. Referring to the analysis of some provisions of the constitution, we find, on the one hand, confirmation of the extremist position of the state judiciary within the framework of the separation of powers and support for the independence of each of them. With their jobs. Thus, it can be said that the constitutional originator explicitly provided for the independence of the judiciary, while it did not explicitly specify the independence of other authorities and thus the independence of the administrative judge from the authority of the administration. And this can express, in one way or another, the specificity of the work of the judiciary in the state. The need to write a research called me to identify the authority of the administrative judiciary over the work of the executive authority. A comparative study where the main research question was asked: What is the extent of the application of the authority of the administrative judiciary to the work of the executive authority in Iraq and Iran? Since the position of the administrative judge regarding the extent of compliance with the regulations, especially in light of the axiom of the executive authority’s direct subordination to the constitution and its constitutional obligation to ensure the implementation of laws and supervise their application, the legality began to presuppose the commitment of the administrative authority to issue its decisions in the law in its broad sense, including the commitment to what the constitution decided, as a supreme law in the state, Since the basic freedoms of the citizen require multiple aspects of protection, there are mechanisms, in addition to the constitutionally established legality control against the decisions of the administrative authority. This is what can be defined by the control of the administrative urgency judge, in the case of the administration’s infringement and its infringement of basic liberties. This study comes to address the issue of the relationship of the executive authority with the judiciary and its impact on the independence of the judiciary in Iraqi and Iranian legal legislation, by following the descriptive analytical approach to the texts of the relevant Iraqi and Iranian legislation. The most important of which was that the executive authority has a relationship with the affairs of judges, such as appointment, promotion, delegation, discipline, dismissal and balancing.