Setting the Law for Administrative Authorities of a Governor Based on the Iraqi and Iranian Laws (comparative study)

Author:
Fatimah Jabbar Tuaimah
Level:
Master
Field of study:
Low
Language:
Arabic
Faculty:
Faculty of Law
Year:
2021
Publisher:
URD Press
Supervisor(s):
Ali Mirdamad

 this  study has  aimed to deal with  a  governor  and  his   power.   A governor is the first executive in a province , thus  his position is considered the important administrative one  in the administrative function in Iraq and Iran, because his work is related to providing public services to the people    and administrative unity (the province).   Accordingly,  a governor  has  many administrative  powers  which are  granted  by  law  of  province  which is  not  amended  in  No21 of 2008 in Iraq.  In Iran, the governors’ duty and power law has  been  cancelled  and  the executive regulations of the supreme administrative council in 1998 are  in force.  This study   has  dealt  with   administrative  competences   given  by  law of  province  which  is  not   amended in No 21  of  2008; these  competences  are  limited    and  do not fit  absolutely with the responsibility  undertaken by  the governor as he is considered a representative of the central government in a province , and the law did not address many issues, including the salary of the governor if he is an employee and his pension, but  this  issue  has been  solved   in the legislative texts of the law of  province that are not organized in No. 21 of 2008 and lacks accuracy in both substantive and formal terms.  Thus,  the legislator must be more accurate when drafting texts and take into account the political, economic and social conditions of the Iraqi society.  This  study   explained  this  issue   and  its  solution   through  mentioning   the administrative competencies of the governor  and  its  control in accordance with Iraqi and Iranian law.  This  study  reached  many results , the most important of  which  is  that the governor combines in his position  the administrative and political competences , but the administrative capacity prevails ;therefore, he  is a representative of the central government in a  province , a representative of the ministers, and one of its agents , as  he implements the general policy of the state, along with many works that are characterized by an administrative character.   Finally , several recommendations have  been  presented ,  the most important of which  is  that  some  of the competencies of the administrative governors in the law of province  that are not amended  in No 21 of  2008  are ambiguous and need more specification and detail, so it  is  suggested that  the texts of the law  should  be  formulated  in a more precise and clear manner.