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التنظيم الدستوري للسؤال البرلماني : دراسة مقارنة == Constitutional Organization Of The Parliamentary Question A Comparative Study
Author name:
اديب محمد جاسم الحماوي
Supervisor name:
عامر عياش عبد بشر الجبوري
General topic:
Law
Specific topic:
Constitutional Law
Degree:
Doctorate
University:
Tikrit University - Faculty Of Law - Department Of Public Law
Language:
Arabic
University location:
Salahaddin
First pages:
13T1458 - p.pdf
Abstract:
يتدخل البرلمان بوصفه هيئة دستورية في ادارة الشؤون العامة للدولة، من خلال ممارسة مجموعة من الاختصاصات التي تكرس لمفهوم التعاون والتوازن الذي يقوم عليه مبدا الفصل بين السلطات داخل الدولة. اذ تعد ادوات الرقابة التي يملكها البرلمان في مواجهة السلطة التنفيذي | The parliament as a constitutional body interferes in the general administration of the state by practicing a number of specializations that reflect the concept of cooperation and balance on which the principle of the separation of authorities is based. The number of observation tools hold by the parliament varies in its stand against the administrative authority. It is one of the most important specializations of the parliament. It occupies the first position among the other specializations particularly when observation is taken as the back bone in the evaluation of the government programs and the way by which these programs are implemented to achieve the stability of the state. Probably, one of the most important tools is observation and the right of parliamentary question on which comparative systems rely heavily to direct the government. Despite the non sharp nature of this tool, the practical nature emphasizes its superiority upon the other tools due to its frequent use in the parliamentary work.Due to the importance of the parliamentary question and its role in enhancing the government performance, most of the constitutions in the world have concentrated in mentioning it and surrounded it by many guarantees in order to use it perfectly.Accordingly, the Iraqi legislator in the constitution of the Republic of Iraq (2005) and the rules of procedures of Iraqi parliament (2007) has organized the right of the parliamentary question and circled it with some conditions and regulations. Again, due to the importance of the subject, the present study aims at showing the nature of the parliamentary questions along with its features, aims and types. Then it specifies the rules that govern its presentation and searches for the answer of this question and comments on it, besides the cases in which the question ends and eventually evaluates it.The study takes, in its search for the constitutional organization of the parliamentary question, a comparative tendency with the Egyptian and Jordanian codification in addition to the British and French ones. Some other countries, in accordance with the needs of the study, are also mentioned.The study ends with the most important conclusions followed by a number of recommendations that might help the Iraqi legislator in his Endeavour to organize the parliamentary question and eventually results in insuring its effectiveness as one of the most important means of the parliamentary observation.
