Despite the accuracy of the rules that distribute the
jurisdiction between the courts of the same body, or of different
courts, there may be conflict in the jurisdiction because of the
differences of views in the interpretation of some legal texts.
In Iraq, the general jurisdiction of the ordinary judiciary did
not last because of the establishment of the Administrative Court
under Law No. 106 of 1989, the Second Amendment of the State
Council Law No. 65 of 1979, then by the Fifth Amendment of the
State Council law No. 17 of 2013, lastly by the new council’s law
Of 2017, and there is no doubt that duplication of the judiciary is
supposed to begin conflict of jurisdiction between them.
The continuous amendments that have affected the law of the
Iraqi State Council over the years of its application, both in terms,
structure, and terms of jurisdiction, affected the matter of conflict in
the jurisdiction that may be experienced by the courts of
administrative justice with each other, or between them and the
courts of ordinary justice, which required explanation and analysis .
Noticing that the Iraqi legislator dealt with jurisdiction’s conflict in
different ways.
For all of the above, we try through this study to identify the
manners of jurisdiction’s conflict and defining the parties that
resolve this conflict.