Jurisdictional Conflict Between the Administrative Court of Justice and the Federal Supreme Court, a Comparative Study

The judiciary in Iraq adopted a dual system of “constitutional, administrative and ordinary” judiciary, and after the formation of the administrative judiciary in Iraq in accordance with the Advisory Council Law No. 106 of 1979, the distribution of judicial powers and the establishment of the Supreme Court. Federal in accordance with the 2005 Constitution and Court Law No. 30 2005 and the determination of its jurisdiction. The constitutional legislature and the judicial legislature have established a set of principles Article (93) of the Constitution of the Federal Court. In the case of the Court of Administrative Justice, Article VII sets out its exclusive jurisdiction, but on the one hand there is an overlap between the jurisdiction of the Federal Court and the Administrative Court. Both specialize in overseeing laws and regulations and the extent of their constitutionality, and the jurisdiction of the two courts is determined by the “overlap of oversight of oversight and legal administrative decisions.” There is a conflict of jurisdiction between the Federal Supreme Court and the Court of Administrative Justice, but this overlap does not explain, but it is a conflict of jurisdiction because one of the conditions of the conflict is that two judicial officials are equal in jurisdiction and if their verdict is current, It cannot be appealed, and this is not available in the Administrative Court, because the verdict is not final and the appeal is in the Supreme Administrative Court and the jurisdiction of the Administrative Court is not the main one, but in the opinion of the legislator (who did not specify the law of the appellant), this is something. I came to the study mechanism and made some recommendations in the conclusion.