Legal Regulation of the Minister's Accountability under the Caretaker Government in Accordance with the Iraqi Constitution of 2005

Abstract

The caretaker government is, in fact, a transitional government, that is to say, a government that exists for a limited period of time, until the election of a new government. This assumption has been confirmed by the political reality in Iraq, where the interim government is responsible for ensuring the continuity of public facilities and institutions, as well as the regular conduct of daily affairs. It is of the utmost importance that the government in question, which has been established on a provisional basis, adheres to the principles of conciliation and continuity of the state. The overarching objective of these principles is to ensure the continuity of public life in accordance with the aforementioned principles. Consequently, the government in question is obliged to remain in power until such time as it resigns. The powers of the government in question are limited to the conduct of ordinary and urgent business. In fact, it is limited to exercising only the necessary jurisdiction and continuing the regular and steady performance of public utilities throughout the country. It does not have any political involvement, that is to say, it is not permitted to deviate from the scope that has been defined for it. Furthermore, it must maintain the basic and important principle of legitimacy. There may be an expansion in the use of the powers granted to this government under exceptional circumstances. In addition, the public interests of the state, as represented by its security and its international obligations towards other countries, must be safeguarded.The primary issue of the study is the absence of an integrated legal system that validates the actions of the government in question, given the lack of clarity surrounding the constitutional texts that refer to the existence of a caretaker government without delineating its scope of authority. This ambiguity presents a challenge in determining the precise scope of the government's responsibilities. In order to ascertain whether the powers of the caretaker government and the accountability of the minister or ministers under the caretaker government can be allocated to all competencies, or whether exceptions exist indicating that this government exercises the competencies granted to it by the Constitution, it is necessary to address the legislative omission that has occurred. This must be done as soon as possible in order to preserve the integrity of the government. The objective of this study is to elucidate the concept of a caretaker government, its legal status, the powers exercised by it during the caretaker period, its legal foundation, and the position of the judiciary with respect to the decisions issued by the caretaker government during its tenure