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.