Overview
The State Council is Iraq’s administrative judiciary and the government’s main legal advisory body. It was established by Law No. 65 of 1979 under the name “State Consultative Council” (Majlis Shura al-Dawla). It replaced the former Legal Codification Bureau and began as a department of the Ministry of Justice, focused on drafting legislation and giving legal opinions on state affairs.
Development Through Amendments
Second amendment (Law No. 106 of 1989). Iraq did not have a separate administrative judiciary before this amendment. The 1989 amendment created the Administrative Court and the Court of Civil Service Disputes, beginning a dual judicial system in Iraq.
Fifth amendment (Law No. 17 of 2013). This amendment strengthened administrative justice. It expanded the role of the administrative courts, made proceedings more flexible, and restructured the Council’s judicial bodies, including the creation of the Supreme Administrative Court.
State Council Law No. 71 of 2017. This is the most important development. Based on Article 101 of the 2005 Constitution, it renamed the body the “State Council,” separated it from the Ministry of Justice, and made it an independent body with legal personality. It also provided that Law No. 65 of 1979 continues to apply to the new Council, with the old name replaced by the new one wherever it appears.
Functions
Advisory and legislative function. Under Article 6 of the law, the Council drafts and reviews proposed laws, regulations, and instructions, and gives binding legal opinions to government bodies on disputed legal questions. Its advisory work also covers international treaties.
Judicial function. Through its courts, the Council hears challenges to administrative decisions, disputes involving public employees, and other administrative cases, protecting individuals against unlawful acts by the administration.
Structure
The Council consists of a General Authority, specialized advisory bodies, and a set of courts headed by the Supreme Administrative Court. Its members are judges and legal advisers with long professional experience.
Debates
Researchers continue to discuss the Council’s independence from the executive, the heavy and growing caseload on its courts, and the binding force of its advisory opinions. Many call for a comprehensive new law that fully reflects its constitutional status as an independent judicial body.