The structure, duties and independence of the Council of Iraqi State

In this L.L.M. thesis the structure, duties and independence of the Council of Iraqi State were examined. The origin of the Council of Iraqi State, which was constiuted by The 71 numbered Act of 2017, is based on the Consultative Council of Iraqi State regulated by The Act 65 numbered of 1979. Until 2017 the Consultative Council of Iraqi State was depended on the Excutive Organ and the Justice Ministery of Iraqi State. This was enabling the Excutive Organ via Justice Ministery to involve in the affairs of Consultative Council of Iraqi State. Accordingly the indipendence of Consultative Council of Iraqi State was absent. Therefore as a dependent structure the Council of Iraqi State, which can be named as Irak Danıştayı in Turkish, was constiuted by The 71 numbered Act of 2017. By This Act, along with the name amending, the position of the Council of Iraqi State was changed among the State institutions. In this thesis constitutional and legal regulation of the Council of Iraqi State and its developing; the courts in its structure; in terms of independency the duties of the members, disciplinary, criminal and civil responsibility of its members were studied comparatively with the Council of Egypt State. Additionally, because of some deficiencies determined in terms of judicial independence, the requirement of legal rebuilding of the Council of Iraqi State was stressed on as a conclusion. Key Words : The Council of Iraqi State, The Consultative Council of Iraqi State, Iraqi Administrative Jurisdiction, Administrative Courts of Iraq, The Council of Egypt State