JOURNAL OF AL-QALAM UNIVERSITY COLLEGE

The regional administrative decentralization system is one of the methods of administrative organization in the country. It is based on the sharing of the administrative function between the central executive authority and the regional decentralized bodies. This does not extend to the legislative or judicial function of the central authorities. A kind of balance between granting freedom to those bodies to exercise their function, under the supervision and supervision of the central authorities, and not to disregard the central authorities in the control in such a way that makes decentralized bodies a rigid tool and handbrake in the performance of its functions, When it is organized for governorates not organized in a region, as regional decentralized administrative bodies have been involved in many legislative contradictions that are inconsistent with the customary administrative system, whether in the 2005 Constitution or the Law of Governorates not in the amended Region No. 21 of 2008 .

In this research, we discussed the decentralization of Islamic law and history to the rule of Islamic rule throughout the era of the Islamic Caliphate from the time of the Prophet (peace be upon him) to the end of the Ottoman Caliphate.The first topic dealt with the definition of decentralization with its evidence of the Book and Sunnah، and its ruling in Islamic law.The second topic is the advantages and benefits of decentralization as well as its shortcomings.In the third section، Bina Tire، the decentralization of the Islamic State since its inception in the era of the Prophet peace be upon him as well as the era of the Caliphs، through the era of the Umayyad Caliphate as well as the Abbasid، and concluded with the images of decentralization during the Ottoman Caliphate.Then the conclusion summarizes the most important findings we have reached in this research.

The authority is an essential element of the administrative work، through which the directors، ministers and others exercise their responsibilities in acting and taking the necessary decisions to perform the work and achieve the desired goals، as a right granted to the owner of the center or authority as a result of receiving this status or authority according to the applicable laws. Therefore، the experience of transferring powers from ministries to local governments in Iraq is beginning to apply the principle of decentralization in administrative work، especially as it is an important step in giving freedom to local governments in running their projects and projects in a way that meets the needs of their citizens and contributes to the elimination of the routine that characterized them The work of ministries، which was the main reason for the delay in the implementation of many projects and the drain of time and effort and the reluctance of many investment companies to invest in Iraq. However، the process of applying this experience requires extensive study، which must be taken into account when implementing the decision to transfer powers to reach the basic goal of rational and successful decentralization on the one hand، and it needs to be a legal description or administrative diagnosis according to the appropriate situation as a new legal case we say There are multiple administrative relations between the superior and the subordinate، and these relations are (authorization or authorization). Hence، the importance of the issue stems from the fact that it is an administrative exercise that took place between the central government and the irregular provinces in the region، in light of the accelerated turnover of the position and function as a result of the constant change in the positions of blocs and coalitions participating in the political process and the rise of some figures calculated and allied with this party or that، In terms of experience، competence or scientific qualification sometimes on the sites received، which will inevitably reflect on the level of government performance and therefore on the ability of the State Departments to meet the needs of citizens، whether in the field of security، reconstruction، health or education ... Others

The present study aimed at revealing the effect of administrative decentralization on the development of the quality of higher education through an exploratory study at the Technical Institute in Kirkuk as a sample of institutions of higher education in Iraq. In light of this، the questionnaire questionnaire prepared for this purpose was adopted. Data analysis and hypothesis testing using the SPSS program. After conducting the analysis of the study data and testing hypotheses، the study reached a number of results، the most important of which were:1.There is a significant correlation between administrative decentralization and the quality of higher education2. There is a very weak impact of administrative decentralization in the development of the quality of education at the level of the institute.A number of proposals have been presented in this regard. The need to consider the activation of administrative decentralization in Iraqi universities for the purpose of making appropriate decisions and seeking to improve the quality of higher education

Iraq has introduced the Administrative Court of Law by the Second Amendment No. 106 of 1989 to the Law of the State Consultative Council No. 65 of 1979 from the Dual Judicial States. This is a turning point from the unified judicial system to the dual judicial system ie the specialized administrative judiciary.In a later development, the Iraqi legislator introduced the fifth amendment to the Law of the State Consultative Council No. 17 of 2013. The Courts of Administrative Jurisdiction were appointed under Article 7 / II / D of the Second Amendment Law No. 106 of 1989 to the Law of the State Consultative Council No. 65 of 1979 which was amended under Article 5 of the previous amendment Mentioned in the chapter on the validity of individual and organizational administrative orders and decisions issued by employees and bodies in ministries and entities not affiliated with the Ministry and the public sector, on the basis of an appeal from an interested party and a possible situation.The judicial system is the key to the rule of law. Therefore, the judicial system of the state must ensure the rule of law based on respect for human rights in the country. It provides elements such as the composition of the judiciary, the selection of judges and the guarantee of their independence and impartiality.In considering the provisions of the Law of Governorates that are not organized in Region No. 21 of 2008 amended, we find that the Iraqi legislator has relied on the Administrative Court to oversee the decisions of local councils in three main axes:First: The administrative court's review of the decisions of the local councils regarding the dismissal of the heads of the administrative units.Second: The administrative court's review of decisions regarding the dismissal of senior positions.We also have to show that there are a number of reasons that must be appealed before the Administrative Court. The appeal of the decisions of the provincial councils is only in accordance with the provisions of the law. This is confirmed by Article (7 / Fifth) of the Fifth Amendment Law No. 17 of 2013 Of the Law of the State Consultative Council No. 65 of 1979, as amended, with the fulfillment of other legal conditions that require appeal against the decision before the administrative court.

The theme of our research is to identify administrative and financial decentralization and their importance in the organization of modern countries. It is necessary to discuss the concept of administrative and financial decentralization through the statement of its importance and its underlying elements. Then we turn to the statement of its constitutional and legal basis in Iraq and its advantages and disadvantages and the legal and technical problems that may arise from contradictions between the legal texts regulating them and Balance of revenues and expenditures and the role of legal regulation in finding solutions to them .