Obstacles to the Delegation of Powers and Transfer of Competences and the Role of the Judiciary in Addressing Them: A Comparative Study of Iraqi and Iranian Law

Abdul-Saeid  Shojaei; Hassanein Hamad Al Maali

Authors

Abdul-Saeid Shojaei Assistant Professor, Department of Law, Faculty of Law and Social Sciences, Payame Noor University, Tehran, Iran, Author https://orcid.org/0009-0000-5575-035X
Hassanein Hamad Al Maali PhD Student, Public Law, Faculty of Law, University of Qom, Qom, Iran Corresponding author https://orcid.org/0009-0003-9866-0444

Keywords:

Delegation of Powers, Transfer of Competences, Decentralization, Iraqi Law, Iranian Law

Abstract

This study aims to identify the legal, regulatory, administrative, and financial obstacles that confront the delegation of powers and the transfer of competences in Iraqi and Iranian law, to analyze the effectiveness of the legal frameworks governing these processes, and to clarify the role of the judiciary in defining the boundaries of competence and reviewing the exercise of powers by administrative bodies. The importance of the study derives from the fact that delegation of powers and transfer of competences are among the principal means of achieving administrative decentralization, improving administrative efficiency, and enhancing the quality of public services. Judicial review is likewise essential to ensuring respect for the principle of legality and preventing administrative bodies from exceeding their legally assigned authority. The study adopts a descriptive-analytical method through analysis of relevant constitutional and statutory provisions, decisions, and judicial judgments, together with a comparative method for examining the Iraqi and Iranian experiences and identifying their similarities and differences. The study finds that the most significant obstacles in Iraq are ambiguity and overlap in the allocation of competences among the Federal Government, governorates, and regions, inadequate preparation and training of personnel, and failure to complete the transfer of financial and human resources together with the transferred functions. In Iran, the principal obstacles are the persistence of centralizing tendencies, the limited effective powers of local units, and their weak administrative and financial independence. The study also concludes that the judiciary plays an important role in addressing these obstacles through the Federal Supreme Court and the administrative judiciary in Iraq and through the Court of Administrative Justice in Iran, thereby protecting the principle of legality and ensuring that competences are exercised or delegated only within the limits established by the Constitution and the law.

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