Ordinary Judicial System

Iraq has dual judicial system, namely “Ordinary Judicial System” and “Administrative Judicial System”. Administrative Judiciary is concerned with the redressal of complaints of the citizens. This Administrative Judiciary may, otherwise, be called as the Institution of Ombudsman, as it has been protected and provided for by the law of the Consultative Assembly of the State.

Jurisdiction

Its jurisdiction and scope covers the control and check on the decisions, decrees and orders issued by the government officials, functionaries and departments towards and against the citizens. For instance, the decisions by the government functionaries and departments for illegal detention of citizens, unjustified possession of the property of others and the cases of exploitation are taken up by this system and proper redressal is provided. However, the Administrative Judiciary is not authorised to interfere in the affairs of the Sovereignty.

Powers

The Administrative Judiciary is authorised:

a)         to examine and determine whether the grievances or complaints by the citizens are valid or not;

b)         to abrogate the decisions and decrees of the government functionaries and officials against the citizens, if found justified;

c)         to amend the decisions or orders against the interests of common people; and

d)         to issue orders for proper compensation to public, resulting in the abrogation of unjustified decisions, if so required by the plaintiff.

Organizational Structure

The Court of Administrative Judiciary functions under the supervision of the General Authority of the Consultative Assembly of the State and has the jurisdiction of the Supreme Court. The General Authority consists its President, two Vice-Presidents and a minimum number of twelve advisors. They render judgements with majority vote. These advisors are appointed from amongst the judges of first class, director generals of the Ministry of Law and Justice, the attorney-generals and professors of law colleges.

The complaints and petitions under trial and consideration at the ordinary or general courts are not entertained by this system or what is called the Administrative Judiciary in Iraq.

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