هيمنة السلطة التشريعية في بعض الانظمة الدستورية : دراسة مقارنة == The dominance of the legislature in some constitutional regimes (A Comparative Study
Author name:
ميثم منفي كاظم العميدي
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:
13T1677 - p.pdf
Abstract:
The division of functions between the state bodies, namely the legislative and executive functions not subject to the same base, but varies depending on the nature of the political system and thus determine under which the relationship between the authorities as well as the balance or the mutual influence between those authorities, in the current presidential system to severe separation between the legislative and executive branches, and the dominance of the latter on first because the executive authority is delegated to one person is inaugural by the people, either directly or indirectly, and not subject mostly to control the legislature, and the system Majlisi based on the dominance of the legislature without the authorities as the body was the mouthpiece of the sovereignty of the people and the most reflection of him and therefore subject to its Executive power is fully controlled and talk in this system means the influence of the executive branch to the legislative branch has the right to the fact that recent its control and has the right to intervene in the scope of work at any time , The parliamentary system based on balance and flexible separation between the public authorities and in particular the legislative and executive, where both authorities cooperate in the direct legislative and executive function branches, also has branches and media can influence the other in order to maintain a balance between the two, as the legislative power of moving the political responsibility and withdraw confidence from the power executive, and may Aalakhirh of the dissolution of parliament, whether presidential or ministerial solution. . Now talk seems to be different in light deflection parliamentary system from the traditional rules as two models, one based on the strengthening of the executive branch and quote some of the features of the presidential system by giving the head of state functions and wide in the face of legislative power and produces precisely the constitutional position in violation of the rules of the existing system afternoon the balance as it breaks down in favor of the government Or parliamentary system deviates toward Majlisi system by strengthening the constitutional status of the legislative authority and thus hegemony over other power achieved and awarded in addition to the legislative function executive functions and become the supreme authority in the state and undergo other authorities, as the balance and mutual influence between the two Brules disappear in such kind of system Parliamentary deviant by making unilateral influence in favor of the legislature, leading to its dominance as is the case in the Constitution of the Republic of Iraq for the year 2005. We will discuss the subject of the dominance of the legislature in some constitutional regimes in three seasons and according to the plan listed below : Chapter One : the basis of the dominance of the legislatureChapter II : the dominance of the legislative authority in the legislative and executive competence .. Chapter III : The dominance of the legislature in the field of mutual influence with the executive branch Then conclude our research conclusion prove the most important findings from the research and the recommendations that we see fit .
