أنواع الأنظمة المستقلة وأساس إصدارها في العراق (دراسة مقارنة)

Abstract

          The administration issues general, abstract, binding rules based on the constitution or custom, without the need for a law to base it on or to implement it. They are called independent systems. These systems are divided according to their traditional concept into two types: administrative control systems, which are considered one of the most important means that enable the administration to set abstract general rules, which include orders and prohibitions that restrict the rights and freedoms of individuals; In order to preserve public order in society, and public utility regulations, which are issued by the administration when it assesses that there is a need for individuals that must be fulfilled, whether establishing, canceling, or regulating public utilities, and in light of the failure of the comparative countries’ constitutions prior to the French constitution of 1958 to recognize the authority to issue regulations in a manner Independent of the law, and the ambiguity of its text in the Iraqi constitution in force, jurisprudence differed about the authority of the executive authority in Iraq to issue independent regulations between supporters and opponents.