The future of the administrative court in the light of the Fifth Amendment to the law of the State Consultative Council No. (17) for the year 2013


Abstract The Fifth Amendment to the law of the State Consultative number Council (117) for the year (2013) was a valuable opportunity to regain the administrative judiciary recovered and become specialized, "without others to consider administrative disputes so that individuals can achieve their rights about the arbitrariness of management and tyranny flexibly and pleased, but aside" from This amendment only action "was not a formality," did not lead to anything, Changing Naming Council General discipline to spend the court staff did not touch the basic content of the Council with regard drawbacks plaguing the jurisdiction of the Council and its procedures, but only limited change on the label . But the amendment on the oldest form a qualitative step (Supreme A dministrative Court) which can be appealed in front of her tightly Administrative Court and the Court of staff spend, and this treatment forms that existed "between the function of the administrative court and the constitutional judiciary alike . However, the amendment kept the shortfall in the legislation by not enacted new legislation is concerned with the administrative elimination with respect to administrative proceedings procedures, and the thing that can be said that the amendment is a better step than the previous one because it opened new avenues to the development of the administrative court and see it is very necessary to "pay attention to the new Iraqi state and its impact in the form of construction of the administrative judiciary institutions to promote this development .