Government Seizes Actions Between Bnstructional Bexts and Bractical Bmplementation of Bomparative Btudies Between Iraq and Iran

The study aims to clarify the concept of the caretaker government and determine the scope of its tasks. The study also seeks to show the jurisprudential and judicial contributions in the evacuation of many cases related to the content of its tasks and applications. Comprehensive the various elements related to the caretaker government from the legal angles and the surrounding interpretations, the jurisprudence and judicial jurisprudence and the available approaches in this regard. We call the government a caretaker government. What is the authority of the government during the caretaker period? While the study imposed a harmony between the constitutional and legal texts of the powers of the caretaker government and the practical reality in both the constitutions of the Islamic Republic of Iran and the Republic of Iraq, while the structure of the study included three Chapters, the first chapter was devoted to the preliminary investigations, while the second chapter dealt with the cases and structure of the caretaker government, and a thousand The third chapter included the powers of the caretaker government and the role of the judiciary in regulating its concept. The study concluded that most of the constitutions did not include a clear and precise definition of the concept of caretaker government. Among these constitutions is the Iranian and Iraqi constitution. The basis for the existence of the caretaker government is to reconcile two principles, i.e. the principle of state continuity for the purpose of continuity of public life, which is called the principle of continuity of public facilities. In jurisprudence and administrative law, including constitutional facilities, as the 2005 Iraqi constitution defines cases. Which defines the caretaker government, and this is what was stated in Article 61/8 and Article 64, and that these two articles gave a clear picture of the cases, namely the withdrawal of confidence from the government or the dissolution of Parliament. Another article is the end of the electoral cycle of the House of Representatives. Article 119 and Article 102, the Iranian constitution is not clear about naming the caretaker government, but through constitutional custom, the cases that transform the government into a caretaker government can be determined through the resignation of the president, his dismissal, or the end of the presidential term.