The Constitutional and Legal Basis for The Prime Minister's Authority to From Investigation Committees in Iraq

Abstract

The authority for administrative investigation represents one of the fundamental pillars for regulating the performance of public administration in modern states, as it serves as an effective means to detect behavioural and functional deviations within the administrative apparatus and to ensure that public employees adhere to the duties imposed by their positions. This authority gains additional importance in political systems of a parliamentary nature, including the Iraqi constitutional system of 2005, where the role of the executive authority in overseeing ministries and public institutions is amplified, in the absence of detailed provisions that precisely define the legal limits of the Prime Minister's powers in this area. Hence, the need has arisen to study the constitutional and legal basis of the Prime Minister's authority to form investigative committees. Especially after these committees have become an executive tool used in handling extensive administrative, financial, and security files, which raises precise questions about the compatibility of this authority with the principle of legality and the rule of law, and about its conformity with the administrative jurisdiction rules established by both the constitution and the prevailing laws. This makes the research topic complex, combining constitutional analysis of the Prime Minister's position within the executive authority with the legal study of his administrative responsibilities, in addition to tracking practical applications that have reinforced the growing role of these committees within the structure of the Iraqi state.