السلطة التنفيذية في الانظمة البرلمانية : دراسة مقارنة == The Executive Power In The Parliamentary Systems Comparative Study
Author name:
ضياء كامل كزار الساعدي
Supervisor name:
كاظم علي عباس الجنابي
General topic:
Law
Specific topic:
Constitutional Law
Degree:
Master
University:
Mustansiriyah University - Faculty Of Law - Department Of Public Law
Language:
Arabic
University location:
Baghdad
First pages:
13T1494 - p.pdf
Abstract:
Despite the emergence and spread of the principle of separation of powers , the concept of concentration and separation of powers, the public still exists when considering the types of political systems in the world, became a division of political systems to the councilor system, presidential system and the parliamentary system is based on conditioning the relationship between the public authorities in the state.The parliamentary system more democratic regimes and more correct in the application of the principle of separation of powers , as it is based on the separation of powers and with a degree of cooperation and mutual supervision among them.And that the parliamentary system was not created by theory depend on logic purely, it is a system grew up in England as a result of the events and traditions of its own, has gone through several phases until completed pillars of the duality of the executive branch and the relative separation of powers, and became the executive power under a parliamentary system based on the presence of the head of state has not authorized the actual powers of judgment because of not being political responsibility , and the Ministry responsible is the owner of the inherent jurisdiction to direct the affairs of government, with the executive power and the balance to cooperate with the legislative authority.The success of the parliamentary system in England , to spread to most part of the countries either by tradition or by colonialism , and what was the parliamentary system has starch in England as a result of the events and traditions of their own and that the parliamentary system is not a matter of the Constitution only , but basically building a social and political creation evolution Historically, it is no surprise that dealt with the revision and is subject to appropriate if I want to apply it in other countries, depending on the different circumstances and traditions , so we see that from these countries brought about developments deep in the parliamentary system , as it has worked to strengthen the executive power even surpassed the legislative authority and thus upset the balance in favor the executive power , but within the executive power itself has worked to strengthen the role of the head of state at the expense of the role of the ministry and so disturbed system dual executive power in favor of the head of state , and in this direction came from these countries the traditional image of the parliamentary system to a sophisticated image unconventional.And the importance of the site occupied by the executive power compared to other state authorities , because of the breadth of functions and inflated role at the expense of Parliament in the conduct of the affairs of government in the state and which has become taken for granted in today's world , we have studied and stand on the rules organized under the parliamentary system in both forms traditional and non - traditional. And that the purpose of this study is to state the foundations used by Iraqi constitutional legislator of the Iraqi constitution 2005 for organization of the executive power, and the disclosure of shortcomings in the rules of the organization 's constitutional authority of the executive and its impact on the political reality of Iraq , this is in addition to the extent of correlation between the constitutional provisions governing the status executive power and practice, and through comparison between the situation of the executive power between several parliamentary systems such as England and Lebanon according to the Constitution in 1926 and France according to the Constitution of 1958 and Egypt according to the Constitution of 1971. The study was divided (the executive power in parliamentary systems) to the introductory chapter and two main chapters and conclusion. Introductory chapter is divided on two researches : the first research to study the principle focus of the authorities , while the second research shall be for the study of the principle of separation of powers.Chapter one of the study of executive power in the traditional parliamentary system is divided on three researches : the first research deals with composition of the executive power in terms of how to choose both the head of state and the ministry, while the second research will be the terms of reference of the executive power and how they are distributed between the head of state and the ministry , and the third research is concerned with studying the responsibility of the executive power and that made a statement over political responsibility placed on each of the head of state and the ministry.Chapter two of the study of executive power in the nontraditional parliamentary system , and because of its unique kind of parliamentary systems of departure from the traditional foundations of the parliamentary system , will examine the development of the executive power which through two researches : the first research deals with examining upgrade the center of the and that a President of the Republic statement in the way chosen the terms of reference and the extent of his power in the face of the ministry , while the second r will research to study the power of the executive power in the face of parliament , through a statement The relationship between law and executive decision and the extent of responsibility of each of the President of the Republic and the Ministry.The study concludes with a conclusion include the most important of our findings and the most important recommendations that we propose on the executive branch under the parliamentary system, which was brought by the Constitution of the Republic of Iraq for the year 2005
