The effectiveness of the jurisdictional order in the Iraqi administrative and constitutional judiciary

Abstract

Abstract: The urgent need has prompted the legislator to find a quick solution for some cases that require taking quick measures based on the request of one of the opponents without the need for confrontation in order to deal quickly with the rights of the concerned parties to prevent irreparable harm. The solution was in the form of procedures in principle that do not decide on the origin of the disputed right, but rather confirm the right and prevent the occurrence of any procedures or agreements that lead to the loss of the right. It is represented in what is called (the guardianship order), which represents a type of litigation that depends on the issuance of orders by the judge based on the request of one of the parties without confronting the other, and at the same time it represents a temporary procedure issued by the judge based on the request of one of the parties with the aim of protecting rights and preventing the occurrence of damage that is difficult to remedy. It was first applied in civil disputes and even its organization was within the Civil Procedures Law, but later its application was withdrawn from the constitutional and administrative judiciary, although there are those who see the impossibility of applying this procedure (the judicial order) in the constitutional and administrative judiciary due to its similarity to other means used in the administrative judiciary and for other reasons that will be the focus of our research over the course of two chapters, God willing.