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التنظيم الدستوري والقانوني للعلاقة بين السلطتين التشريعية والقضائية في العراق : دراسة مقارنة == Legal And Constitutional Arrangement For The Relationship Between Constitutional Legislative And Judicial Authorization In Iraq Comparative Study
Author name:
انتصار حسن عبد الله محيميد
Supervisor name:
ميثم حنظل شريف
General topic:
Law
Specific topic:
Constitutional Law
Degree:
Doctorate
University:
University of Baghdad - Faculty Of Law - Department Of Public Law
Language:
Arabic
University location:
Baghdad
First pages:
13T1460 - p.pdf
Abstract:
تناولت الباحثة دراسة التنظيم الدستوري والقانوني للعلاقة بين السلطتين التشريعية والقضائية في العراق - دراسة مقارنة - حيث تتجلى اهمية بيان الحدود الدستورية بين السلطتين التشريعية والقضائية في الاعتداء الذي يحصل من كل من السلطة التشريعية على القضائية وبالعكس | The researcher dealt in her studying the constitutional and legal regulation of the relationship between the legislative and judicial power in Iraq - comparative study - which reflected the importance of the constitutional boundary between the legislative and judicial power from the assault that gets from both the legislature and the judiciary versa, the legislative power which holds the organization of the judiciary power may detract from the judicial power by legislation, and Depending on the nature of the subject of research, we decided to divide it into three chapters preceded by a preliminary research in order to make a distinction between the legislative competence and Jurisdiction, The first is devoted to address the purview of the legislative power in the organization of the judiciary and its actions, Stating the intervention of the legislature in the organization of the judiciary and interfering in his job performance, as well as the relationship of political censorship in judiciary functions.This research has been dealt with in the second chapter overlap of functions between the legislative and judicial power, we dealt with the right of charges and trial of the president and members of the executive power also the separation in the authenticity membership of the legislature member's power.The third chapter dealt with the subject of the intervention of the judiciary in the function of the legislative power, we addressed the trends of the judiciary and jurisprudence in control of the legislature authority, and the possibility of the judiciary in the detection of the legal base, and the constitutional judiciary applications in the right intervention in legislature acting.The study concluded a set of findings and recommendations.
