THE ROLE OF PARLIAMENT IN RESTRICTING THE POWERS OF THE GOVERNMENT RESEARCH ON INSTITUTIONAL BALANCE IN IRAQ AFTER 2005 (COMPARATIVE STUDY)
Asst. Lect. Raed Ibrahim Anoun , Ministry of Education, Najaf Education Directorate, IraqAbstract
This research deals with the relationship between the ministry and parliament under the current Iraqi constitution of 2005, with a comparison to the current Egyptian constitution of 2014, which examines the role of parliament in restricting the powers of the government and achieving an institutional balance between the two authorities (legislative and executive). The importance of the research lies in analyzing the impact of the balance between the two authorities on political and administrative stability in Iraq and seeking to find solutions to improve the balance and cooperation between them to achieve the state's public interest. It also aims to study the factors that lead to balance or imbalance between the ministry and parliament in Iraq and find practical solutions to improve them to achieve more excellent political stability. The research relied on the comparative approach between the two constitutional systems (Iraqi and Egyptian) and analyzed both countries' legal and constitutional texts. It adopted the hypothesis that there is a mutual influence between the ministry and parliament in Iraq and that improving the balance between them, in turn, leads to the stability of the political system in Iraq. It showed that the executive authority is dominant at the expense of the legislative authority in Iraq, with a limited influence of the legislative authority in legislation laws. This research showed that strengthening parliamentary oversight methods can be used to achieve institutional balance and political stability.
Keywords
Leads, political, ministry and parliament
References
Ahmed Raslan, Political Systems and Constitutional Law, Part One, Dar Al Nahda Al Arabiya, 1997, Cairo.
Hossam Morsi, Constitutional Law, Basic Components Applied to the Contemporary Constitution, Dar Al Fikr Al JJami'i 2014.
Jaber Jad Nassar, Interrogation as a Means of Parliamentary Oversight of Government Actions in Egypt and Kuwait, Dar Al Nahda, 1999.
Dana Abdul Karim Saeed, The Role of Parliament in Contemporary Parliamentary Systems, Al-Halabi Legal Publications in Lebanon, First Edition, 2013.
Raafat Fouda, The Duality of Executive Power, Between Form and Content, Dar Al Nahda Al Arabiya, Cairo, 2001.
Ramzi Al Shaer, The General Theory and the Egyptian Constitutional System, Cairo, Ain Shams University Press, 1997.
Ramzi Taha Al Shaer, The General Theory of Constitutional Law, Dar Al Nahda Al Arabiya, Fifth Edition, Cairo, 2005.
Zain El-Din Badr Farag, The Question is a Means of Parliamentary Oversight, Dar Al-Nahda Al-Arabiya, Cairo, 1991
Sami Gamal El-Din, Political Systems and Constitutional Law, Dar Al-Jamia Al-Jadida, Alexandria, 2010
Sarhank Hamid Al-Barzanji, Elements of the Democratic Constitution and Mechanisms for Defending It, Dar Dijlah, First Edition, 2009.
Suad Al-Sharqawi, Constitutional Law and the Development of the Political System in Egypt, Dar Al-Nahda Al-Arabiya, Dar Al-Kitab Al-Awal, Cairo, 2013.
Suleiman Al-Tamawi, Political Systems and Constitutional Law, Dar Al-Fikr Al-Arabi, 1988.
Suleiman Al-Tamawi, The Three Authorities. Publisher: Modern University Office, First Edition, 1998.
Salah El-Din Fawzy Mohamed, Constitutional Law, Dar Al-Nahda Al-Arabiya, Cairo, 2014.
TTa'imaAl-Jarf, General Theory of Constitutional Law, Dar Al-Nahda Al-Arabiya, Third Edition, Cairo, 2010.
Alaa Abdel-Muttaal, The Parliament in Comparative Constitutional Systems, Dar Al-Nahda Al-Arabiya, 2004.
Fathi Fikry, A Brief Introduction to Parliamentary Law in Egypt, Dar Al-Nahda Al-Arabiya, Cairo, 1994.
Mohsen Khalil, Political Systems and Constitutional Law, MMansha'atAl-Maaref in Alexandria, Part One, 1971.
Mohamed Bahi Abu Younis, Constitutional Organization of Parliamentary Oversight of Government Actions, Dar Al-Jamia Al-Jadida, 2014.
Mohamed Refaat Abdel Wahab, Constitutional Law (General Constitutional Principles), Dar Al-Jamia Al-Jadida, 2010.
Mourid Ahmed Abdel Rahman, The Balance between the Legislative and Executive Authorities, PhD Thesis, Faculty of Law, Cairo University, Khartoum Branch, 2006.
Medhat Ahmed Younis Ghanayem, Means of Parliamentary Oversight of Government Actions in the Parliamentary System, National Center for Legal Publications, Cairo 2011.
Mustafa Abu Zaid Fahmy, The Constitutional System of the United Arab Republic, Dar Al-Maaref, 1966.
Mustafa Abu Zaid Fahmy, The Egyptian Constitutional System, Dar Al-Matbouat AAl-Jamia'a 2008.
Mustafa Abu Zaid Fahmy, Principles of Political Systems, Dar Al-Huda for Publications, Twelfth Edition, 2014.
Maha Bahjat Younis Al-Salihi, Ruling on the Unconstitutionality of a Legislative Text and its Role in Strengthening the Rule of Law, Iraqi House of Wisdom, Issue 13, 2009.
Second / Theses and Dissertations
Salem Hamoud Ahmed Al-Adayleh, The Principle of Separation of Powers in the Jordanian Political System, A Comparative Study, PhD Thesis, Faculty of Law - Ain Shams University, 2007.
Abdullah Ibrahim Nasif, The Extent of Balance of Political Authority with Responsibility in the Modern State, PhD Thesis, Faculty of Law, Cairo University, 1981.
Third / Laws and Regulations:
The Iraqi Constitution is in force for the year 2005.
The Egyptian Constitution is in force for the year 2014.
The Internal Regulations of the Iraqi Council of Representatives No. (1) for the year 2022.
Internal Regulations of the Egyptian Assembly No. (1) of 2016.
Article Statistics
Downloads
Copyright License
Copyright (c) 2024 Asst. Lect. Raed Ibrahim Anoun
This work is licensed under a Creative Commons Attribution 4.0 International License.