تنظيم الاختصاصات الدستورية في نظام الثنائية البرلمانية : دراسة مقارنة == Regulation of The Constitutional Jurisdictions in The Parliamentary Dual System Comparative Study
Author name:
غانم عبد دهش عطية الشباني
Supervisor name:
ميثم حنظل شريف
General topic:
Law
Specific topic:
Constitutional Law
Degree:
Doctorate
University:
University of Babylon - Faculty Of Law - Department Of Public Law
Language:
Arabic
University location:
Babylon
First pages:
13T1674 - p.pdf
Abstract:
Intended parliamentary bilateral system that Parliament is composed (parliament) of the bicameral engaged in the legislature, and that the distribution of legislative jurisdiction between them or in conjunction with each other, and the associated chambers system more often than not in the state, states the federal rely chambers system like the United States of America, Switzerland, and some consolidated other countries are taking the two chambers system for historical reasons, as is the case in Britain, where there are two councils House of Lords and House of Commons, or for political reasons, social, or economic in other countries. And when they can be to adopt a parliamentary binary system, that requires differing between them in terms of configuration, also requires differing in the jurisdiction of each board, and without this differentiation no longer cause duplication Parliamentary If all similar board of the Council the other, this is the difference between the two is that justifies the advantages of this system . If the bilateral parliamentary system worthy of constitutional recognition and regulation of the legal, the goal envisaged by the research are : to know what this system, and what are the philosophical foundations of him, and what are the factors affecting its inception, and to identify the legal principles governing the formation of this system control, as well as the statement of the constitutional and legal for this organization methods system through analysis of procedural rules and substantive used to organize legislative constitutional competences between the Houses of Parliament to ensure the exercise without the occurrence of a collision between the two in order to achieve legislative mastery, as well as the study of the constitutional organization of the terms of reference of non - legislative in bilateral parliamentary system. In order to achieve this goal and to take aspects Thread Search divided into three chapters and a conclusion, we studied in the first chapter of bilateral nature of parliamentary and in three sections, Pena in the first bilateral genesis of the parliamentary and the factors affecting them, and we discussed in the second section the concept of bilateral parliamentary institution and principles to them, and we studied in third provisions of the bilateral parliamentary formation in three demands Pena where differing in the composition of legislatures ways, and the number of members of both Houses and age in addition to the term of the two chambers. After that we found in the first chapter of bilateral emergence of parliamentary methods and the factors that influenced the origins and the provisions of its composition was necessary research to show how to organize the constitutional terms of reference was the subject of Chapter II Organization constitutional competences legislative parliamentary binary system has been divided by the three sections, we have dedicated the first to demonstrate the organization competencies constituent of both Houses of Parliament in the proposal to amend the Constitution and the restrictions contained in this jurisdiction and competence of each in the approval of the constitutional amendment After Esteban us so we embarked on the second part, in a statement, the organization of the two chambers in the terms of reference of the scope of ordinary legislation, Fbana regulate the jurisdiction of each House to propose laws, discussed and approved. Having demonstrated our constitutional regulation of the jurisdiction of the Houses of Parliament in ordinary legislation initiated to study the terms of reference for the organization of the two chambers in the scope of financial legislation, embodied in the jurisdiction approving the budget, taxation, regulation of public loan.Us has been shown in the second quarter that the constitutions in organizing these terms of reference are subject to general principles should be the constitutional legislator observed in the organization of legislative jurisdiction, so it was the third chapter devoted to the statement organize constitutional competences non - legislative parliamentary binary system, in three sections, we studied in the first organizing competencies Executive in bilateral parliamentary system, Fbana the constitutional organization of the jurisdiction of choosing members of the executive branch, and the conclusion of international treaties, and the declaration of war between the parties to the legislature. We have shown this section that trends constitutions differ in their organization to these terms of reference to the three directions. Some gave constitutional preference for popular board, while others went to give priority to the Supreme Council, while a third direction went to full equality between the Houses of Parliament in the exercise of executive competencies.The second section was dedicated to the statement of the constitutional organization of the terms of reference of the control in the parliamentary binary system in the three demands of our research in the first organization the right to question and interrogation between the Houses of Parliament, and we were in the second to regulate jurisdiction to conduct the investigation and propose a general topic for discussion between the orders in council legislatures, while we dealt with in the third organization jurisdiction to withdraw confidence from the members of the executive power in bilateral parliamentary system.The Esteban us that constitutions differ in the way the organization of the terms of reference for the control of both houses of parliament, depending on the nature of the prevailing political system in the country, some grant this jurisdiction to the Houses of Parliament for full equality, others give this jurisdiction to parliament without upper sitting, while he went another direction depriving both Houses of Parliament from the exercise of this jurisdiction.The third section dedicated to the study of constitutional regulation jurisdictions in parliamentary binary system, in the three demands, the first of them to show the organization of the jurisdiction of the two chambers to accuse members of the executive branch, and the second to study the organization of the jurisdiction of the two chambers in the investigation of the members of the executive branch, while we dealt with in the third organization the competence of the two chambers in the trial of members of the executive branch.Conclusion The research has Odanaha results that we have reached and proposals that focused on some of the amendments to the legal provisions contained within the vocabulary of research and we hope that the Iraqi legislature to take them
