The constitutional characterization of the academic promotion Regulations

Section: RESEARCH
Published
Aug 4, 2025
Pages
130-166

Abstract

Academic promotion denotes a faculty member's advancement to a level higher than their current position. However, it is crucial that the requirements associated with each level of promotion should subject to fair, clear, transparent and equitable method of assessment. This is to ensure that the promotion is granted based on the merits. This applies to setting out the criteria against which promotion to each grade in the Universitys structure will be assessed. This paper argues that academic promotion under "Instructions (N0.167 /2017) cannot be categorized as instructions due to its narrow scope of application. In this sense, it is more a system than instructions, and this characterization is consistent with Article (47.1) of the Ministry of Higher Education and Scientific Research Law ( 40 /1988). The instructions are also criticized on the basis of its incompatibility with the above law. Despite of their ambiguous provisions, the instructions entered into force within short period of time, thus these instructions do not provide a fair and transparent framework in terms of the criteria required teaching, research, leadership and management, and profession and practice.

References

  1. (English sources)
  2. Abdullah bin Rashid Al-Sunaidi, Is Promoting Employees a Right to Acquire ?, Article published on 12/10/2018 on Al-Jazeera Press, Printing and Publishing website: http://www.al-jazirah.com/2008/20080429/ar1.htm
  3. Abu Bakr Ali Muhammad Amin, Justice, its Concept and its Principles, First Edition, Dar Al-Zaman, Damascus, 2010.
  4. Ali Hussein Ahmad Ghaylan Al-Fahdawi, the Council of Ministers in the constitutions of Iraq in the Republican era, Master Thesis, University of Baghdad - College of Law and Policy, 1997.
  5. Ansam Ali Abdullah, Protection of the right of the public employee to promotion, Al-Rafidain Law Journal, College of Law - University of Mosul, Volume 12, No. 54, 2012.
  6. John A. Bruegger, Freedom, Legality, and the Rule of Law, Washington University Jurisprudence Review, Volume 9, Issue 1, 2006,
  7. The Constitution of Iraq of 2005.
  8. John Stuart Mill, Parliamentary Governments, Translation: Emile Al-Ghoury, The Arabic Vigilance House for Authorship, Translation and Publishing, Syria, B.T.
  9. Jack Dondio Dovaber, The State, translation: Smouhi Extraordinary, Aouidat Publications, Beirut-Paris, B.T.
  10. Dr. Muhammad Bahi Abu Yunus, Constitutional Controls for the Executive Regulations, a Comparative Study, New University House, Cairo, 2008.
  11. Mahmoud Mohamed Ali Sabra, Modern Trends in Preparing and Drafting Laws, Legal Books House, Egypt, 2009.
  12. Dr. Munther Al-Shawi, Philosophy of Law, Publications of the Iraqi Scientific Academy, Baghdad, 1994.
  13. Nassif Nassar, The Logic of Power, Second Edition, Amwaj Printing and Publishing House, Beirut, 2001.
  14. Dr. Rabie Mofeed Al-Ghusaini, Minister in the Political System, Al-Halabi Human Rights Publications, First Edition, Beirut, 2003.
  15. Raymond Carfield Kettle, Political Science, translation: Dr. Fadel Zaki Muhammad, part 1, Al-Nahda Library for Publishing and Distribution, Baghdad, 1963.
  16. Dr. Shab Toma Mansour, Administrative Law, Second Book, First Edition, Baghdad University Publications, 1980.
  17. Dr. Salah Al-Din Fawzi, The Status of the Executive Authority in the Constitutions of the World (Centralization of the Central Authority), The Arab Renaissance Foundation, 2003.
  18. Jarad Hafida, Promotion in the Public Employment Law, Master Thesis, University of Mohamed Khader, Biskra, Faculty of Law and Political Science, Algeria, 2016.
  19. Dr. Abdullah Muhammad Al-Mahmoud, the promotion is it a legal right or an administrative grant, an article published on February 10, 2000 in the UAE newspaper Al-Bayan website: https://www.albayan.ae/opinions/2000-02-10-1.1095244
  20. Dr. Al-Asar, The Role of Practical Considerations in the Constitutional Court, Arab Renaissance House, Cairo, 1999.
  21. Dr. Mohamed Madi, the competence of the State Shura Council in drafting regulations, instructions and internal regulations, Journal of Law and Judicial, No. 18, 2015.
  22. Law of the Ministry of Higher Education and Scientific Research in iraq No. 40 of 1988 amending the law in force.
  23. Scientific Qualification Requirements or Promotion to Professor, Faculty of Social Sciences- University of Oslo, Article published on 30/10/2018 on the following website: https://www.uio.no/om/regelverk/personal/vitenskapelig/guidelines-professor-promotion-141118.pdf
  24. d. Wissam Sabbar Al-Ani, Legislative Jurisdiction for Administration in Normal Conditions, First Edition, without a publishing establishment, Baghdad, 2003.
  25. Ali Saad Omran, article entitled "Constitutional Violations in the Provisions of the Iraqi Administrative Judiciary" published on October 24, 2018 on the website of the Al Furat Center for Development and Strategic Studies: http://www.fcdrs.com/h-article.php?act= view_article & aid = 12
  26. Dr. Badria Jasser Al-Saleh, The Field of Regulations in France (A Comparative Study), Kuwait University Press, 1990.
  27. Dr. Mossadak Adel Taleb, and Dr. Rana Muhammad Radhi, the competence of the Council of Ministers to issue regulations in Iraqi legislation, Journal of the College of Law, Al-Nahrain University, Volume 17, Issue 1, 2015.
  28. Jabli Fateh, career promotion and occupational stability, MA in Sociology, Mentouri University of Constantine, Faculty of Humanities and Social Sciences, 2005-2006.
  29. Scientific Promotion Instructions in iraq No. 167 of 2017.
  30. Stefanie A. Lindquist and Frank C. Cross, Stability, Predictability and the rule of law ; stare decisis as reciprocity, p.1. Research published on 30/10/2018 on the following website: https://law.utexas.edu/conferences/measuring/The%20Papers/Rule%20of%20Law%20Conference.crosslindquist.pd
  31. Bikhal Muhammad Mustafa, Study on the Idea of Law in the Constitution, Zain Legal Library for Publishing and Distribution, Beirut, 2013.
  32. Khaled Hammad Muhammad Al-Anazi, The Legal System for Public Employee Promotion: A Comparative Study between Kuwait and Jordan, Master Thesis, Middle East University - College of Law, 2012.
  33. Maitham Hussein Al-Shafii, the principle of equality as a guarantee of public rights and freedoms, Researcher Journal, College of Education - Karbala University, Volume 2, Issue 3, 2012.
  34. The official website of the Federal Supreme Court: https://www.iraqfsc.iq
  35. United Nations Human rights, Human Rights in the Administration of Justice: A Manual on Human Rights for Judges, Prosecutors and Lawyers 63, Chapter 13, The Right to Equality and Non-Discrimination in the Administration of Justice, p.653. Book published on 8/11/2018 on the following website:https://www.ohchr.org/Documents/Publications/training9chapter13en.pdf
  36. Dr. Abdel-Ghani Basyouni, the principle of equality before the judiciary and guaranteeing the right to litigation, The Foundation for Knowledge in Alexandria, without year.
  37. Dr. Shorsh Hassan Omar, The Right to Equality and the Constitutional Judicial Attitude towards it, Journal of Legal Sciences, Baghdad University, College of Law, Volume 32, Issue 2, 2017.
  38. Khudair Abdel-Wahab, Employee Promotion System in Algeria, Mirbah-Ouargla University, Faculty of Law and Political Science, Algeria, 2014-2015.
  39. R.gopinathe and Dr. Shibu.n.s.1, A Study on promotion and transfer influencing job satisfaction with special reference to BSNL, Trichy SSA, p.2.Research published on 30/10/2018 on the following site:://www.researchgate.net/publication/263850864_A_study_on_Promotion_and_Transfer_influencing_Job_Satisfaction_with_special_reference_to_BSNL_Trichy_SSA.
  40. Dr. Essam Abdel-Wahab Al-Barzanji, Dr. Ali Muhammad Bedair, Yassin Al-Salami, Principles and Provisions of Administrative Law, Al-Sanhoury Library, Baghdad, without Year.
  41. M. Shaima Mudalloul Abbas, Provisions of the Scientific Promotion, College of Law Journal, Al-Nahrain University, Volume 18, No. 2, 2016.
  42. Muhammad Yusef Muhammad Al-Sabah, The extent of adherence to the criteria for promotion of post office managers and its impact on the level of postal services in the Gaza Strip, Master Thesis, Islamic University of Gaza, Faculty of Commerce, 2008.
  43. Dr. Edmond Rabat, Mediator in Lebanese Constitutional Law, Dar al-Alam for Millions, Beirut, 1970.
  44. Sipan Jamil Al-Atroshi, Principle of Judicial Independence, Comparative Study, Master Thesis, College of Law - University of Mosul, 2003.
  45. Farouk Al-Kilani, Independence of the Judiciary, First Edition, Arab Renaissance House, Cairo, 1977.
  46. Saleh Muhammad Cinem, Judicial Oversight of Regulatory Decisions, Master Thesis, College of Law - University of Kirkuk, 2014.
  47. Dr. Hussein Othman Muhammad Othman, Political Systems, Al-Halabi Human Rights Publications, 2009.
  48. Fifth: Laws:
  49. First: Books
  50. Fourthly; Online resources
  51. Second: university theses
  52. Third;Journals
Download this PDF file

Statistics