التكييف القانوني للهيئات المستقلة دراسة مقارنة بين العراق وفرنسا والولايات المتحدة الأمريكية

التكييف القانوني للهيئات المستقلة دراسة مقارنة بين العراق وفرنسا والولايات المتحدة الأمريكية

محمد حمود حسن الطبراوي

جامعة الأديان والمذاهب / كلية القانون / أيرا ن

أ.م.د. السيد علي رضا طباطبائي

جامعة العلوم القضائية / طهران

Abstract :

In fact, the independent bodies are the new face of the state’s role in all administrative and political fields. Together with the judicial bodies, it seeks to monitor the activities of public authorities and reveal their deviations, in order to
ensure legal stability on the one hand, and to push and influence development in its correct directions on the other
hand, that democratic systems that have adopted the principle of The separation of powers is incomplete, such as
France, England and the United States of America, from which many modern legal systems have taken this principle.
We find that each of the authorities in the state is singled out for a task specified by the constitution without being
shared by another authority, which opens the way for that authority to tyranny and control if it does not find someone Its tyranny is limited by the fact that the control systems developed by the independent bodies came to be
independent of the three authorities and at the same time exercise their control over all of them, but to varying
degrees from one country to another and according to their political systems. As a result, we find that there are some
differences in the characteristics of the systems of the independent bodies, but these It cannot stray from the
common features between these systems. The countries that have adopted the systems of independent bodies have
made it one of the primary tasks of the regulations to control the accuracy of the implementation of laws and the unity of their concept, by investigating the legality of the regulations
and orders issued by the higher management bodies and lower administrations. From this standpoint comes the
necessity to study the legal organization of independent bodies to shed light on the independent bodies in Iraqi
legislation and its French and American counterparts.

We have used the analytical and inductive texts of laws, as well as the comparative approach between Iraq, France and America. Which we hope to take out, and we ask God
success .