General Legal Principles Governing Public Services in Iraqi and Iranian Law

Author:
Wasan Azeez Kadhim Kadhim
Level:
Master
Field of study:
Low
Language:
Arabic
Faculty:
Faculty of Law
Year:
2022
Publisher:
URD Press
Supervisor(s):
Maysam Nematy

This  study has  aimed to investigate  the  public service. Public service embodies one of the basic concepts of administrative law. On the other hand, the decisions that have interpreted and supplemented it always include the legal foundations of administrative law(  Whether it is about public order, public property, or community law , or administrative judiciary). Any idea, institution,  technique of administrative law does  not exempt this constitutional movement   because  the state or local authority is managing the service that has been created.  With this intent, the public service does not enjoy judicial independence, and it is not a separate legal personality.  The study has  been  carried  out   by  the comparative qualitative method,  and   has addressed  the Iraqi and Iranian law in what is related to the legal principles governing public services as the principle of continuity as it is one of the most important principles on which the idea of ​​the public facility was based,  which depends on the need to respond to the provision of public needs continuously.  The principle of equality is  a basic principle of public law, according to which all people, regardless of gender, class, religion, wealth and profession, must enjoy equal rights and duties. Also, the principle of providing public benefit and the principle of the public utility   is the   principle  to change and amendment the  public service.  The study investigated the legal texts and their analysis that dealt with the principles of law in question.  The main objective of the study was to compare the principles governing  public services in Iranian and Iraqi law.  The original study question is:  what are the general legal principles that govern public services in Iraqi and Iranian law?  The  answer  of  the hypothesis of the study is  that there are general principles that govern public services in both Iraqi and Iranian laws, which have been proven in the research.  The study reached an important conclusion:  most of the principles governing public services are included in both the constitution and the Iraqi and Iranian laws.