The advisory competence of the Iraqi State Council and the restrictions imposed on it
Abstract
One of the requirements for building and developing the legal system in Iraq was the establishment of the State Council, which passed through developmental stages until it reached its current stage, imitating what is familiar in similar countries such as France and Egypt. Given the dual function of state councils in general, as well as the case in Iraq, it represents an important aspect of the state as it represents an application of legitimacy.
Reaching accuracy and perfection in drafting legislation may not be realized sometimes, but rather it appears when it is applied in practice, and then it contradicts the interests of individuals, and this is contrary to the purpose of the legislation. Therefore, the State Council, since its establishment, has been practicing giving legal advice to public administrative bodies represented by ministries and agencies not associated with a ministry in order to avoid What errors may occur in the application of the law when it is ambiguous or not clear about the meaning and purpose of its texts. And that the Council’s exercise of its advisory competence is through special bodies within its formations, but at the same time there may be constitutional, legal or practical restrictions on the role that the Council plays in this field, and these restrictions somewhat limit the freedom of the Council to exercise its jurisdiction in this aspect.
In all cases, the advisory competence of the Council consists in expressing the legal opinion, the process of legalization and legislative drafting, even though the advisory opinion presented by the Council in most cases does not enjoy the mandatory status of those bodies that request it, except in specific legal cases.
