The Extent of Administrative Rulings’ Power Over Fundamental Practices and new Tendencies to limit them in the Iraqi and Egyptian laws

In the shadow of the emergence of a new legal state, when the sentence is no longer assumed as a right but as a duty that the state is obliged to perform by law. Human thought established a subject called the fundamental origin of law or, as it is called, the jurisprudence of administrative or basic law. A law known as the origin of legitimacy or the origin of submission to the constitution.

An article that took root in the subconscious of the law and was established in it to the extent that it was considered as one of the basic principles, principles that organized societies strive to achieve and its completion leads to the consolidation of government dominance and Ensuring the implementation of public laws and the obligation of departments in all tasks assigned to them in the set of legal rules established by the government, as well as carrying out activities in line with the drafted laws (constitution, ordinary laws, bills, agreements, treaties) Judicial rulings, administrative contracts) or unedited (custom, principles of public law) according to their legal level, so that the law is less important in terms of form and subject is more important under the law, all government work It must be done in accordance with the law, and the obligation of individuals to abide by its laws is definitely due to the government’s respect for this law.

The purpose of this research is to reflect on the study of exceptional phenomena and clauses belonging to the principle of assigning an administrative order from its inception, and the goals and contexts of compliance and its direct negative effects.

It also studies the status of jurisprudence and the degree of tenure of an administrative ruling in restricting its implementation or reducing its scope of activity or reducing its effects, restrictions that have been issued by a judicial ruling and are still considered a legal system. And what are the restrictions that the legislature has imposed as exceptional and numerous laws in some areas of administrative activities.

 In order to advance its legal activity, the executive branch enacts various articles that lead to the regulation of related issues, these articles are ranked lower than the articles of the constitution and the articles that are enacted in the legal pyramid. And do not affect the invalidation, amendment or repeal of higher laws. Of course, except in urgent cases where the government is forced to issue administrative laws by the executive branch that invalidate, amend or repeal laws, which are known as articles of law, this is an exception. It is in the law, and in many countries, since the beginning of the twentieth century, that is, since the beginning of the First World War, due to political, economic and social conditions, the executive branch has been required to use these articles.

  Due to the fact that these articles have the force of law, when the rights and freedoms of individuals are violated, it can be considered as an important weapon in the hands of the executive branch.

The issue that is more prominent in the use of these articles is the necessity of guaranteeing its use, and the guarantee in this field is mostly the responsibility of judicial supervision, and especially the supervision of administrative rulings that have special activities in this field. What enhances the activity of such oversights is the progress that the constitutions follow in drafting these articles, and Iraq is one of the countries that has included such articles in its constitution.