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امتناع رئيس الدولة عن التصديق على مشروعات القوانين == President of the State's abstained al ratify the draft laws
Author name:
ليلى حنتوش ناجي الخالدي
Supervisor name:
علي يوسف عبد النبي الشكري
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:
13T1689 - p.pdf
Abstract:
Contrast the role of head of state in the legislative work, according to the constitutional order, it seems his role largest in the private and mixed parliamentary system developed prime state when it has the right to initiate legislation is undoubtedly contributes one way or another in making many of the laws that have repercussions on the society as well as the case for abstention is capped an This falls in many important since it involves political implications of economic and social situations of the laws, which could reflect negatively on society. And the competence of the head of state to abstain from the ratification of the draft laws falls within the joint jurisdiction between the legislative and executive powers in the field of legislation area because the head of state's failure to ratify is one of the traditional rights of the head of state since back in its origin to the right of ownership of authentication that prevailed in England and some other European monarchies and then moved to several other countries.If the head of state's failure to ratify the draft laws means refusing to put his signature on the bill Headquarters once and for all by the Parliament, the right to refrain may seem a basic necessity for ridding the executive branch of the control of the parliament and this is meant by the head of state's failure to ratify as a way to prevent deviation Parliament about the path that was entrusted to him by the people of this was the Head of State's failure to ratify as the authority to stop the bill, which was approved by the parliament so as to ensure the provision of a better balance of powers by holding Parliament to pay attention to studying the bills and study them more deeply and advantageous for fear of the disabled by the head of state and head of state of this can monitor the quality of legislative work and supervision. The competence of the head of state to abstain from the ratification of the draft laws do not have the form or image one but multiple forms some of which is a direct and may be indirect as well as other forms of abstention found in some constitutions, direct, figure is the other multi - spins between refrain (form absolute) for the ratification of the draft law, which takes the form of refusal to ratify it features a conclusive and all, and not to the possibility of Parliament to overcome it, to refrain proportional sense that characterized the effects of detention with the possibility of Parliament to overcome it, which in turn take pictures or different forms such as the request for discussion as well as the object described, and involves the shape indirect omission on the idea of President is the head of state conveys decide the fate of the bill to another authority may be people as in the refrain carrier or the constitutional judiciary, as in the refrain assignor, in addition to the above, we find some constitutions had been taken in other forms of abstinence to be virtually own pocket Kamtnaa in the American Constitution of 1787, with the stairs in the Puerto Rican Constitution of 1952, and it noted that most of the constitutions defined the scope of practice of the Head of State for his competence to abstain from the ratification of the draft laws a certain framework It is worth mentioning that the philosophical basis of the competence of the head of state to abstain from the ratification of the draft laws will be expressed philosophically in theprinciple of separation between the existing authorities on the basis of a relationship effect and affected between the powers of legislation and execution in creating each of them that the other monitor and prevent them from abuse equally available to them from power and this is an omission the head of state as a basic guarantee to eliminate some distractions in the work of the parliament without abuse in the use of legislative power it is to abstain from ratification, a component of the balance between the legislative and executive branches because it is not enough to respect the principle of separation of powers, to proceed with all terms of reference authority prescribed by the Constitution, but must The arming them so as to ensure her prevent encroachment by other authorities. Despite the lack of broader mostly treatment of constitutions rationale for excluding the Head of State for ratification of laws and procedures to be followed and its implications projects but we have tried to propose a procedural system to the jurisdictionof the head of state to abstain from the ratification of the draft laws the aid that some constitutions and some systems and internal regulations of some parliaments that have addressed some the provisions of the head of state's failure to ratify the draft laws as well as some of the jurisprudence in this regard.Constitutional systems have varied in its position on the competence of the head of state in the ratification of the draft laws and this is what we tried his statement and explained through constitutions models that we have taken the subject of our study, particularly the United States Constitution of 1787 and the Constitution of France of 1958 and the Constitution of Kuwait for the year 1962 and the Brazilian Constitution of 1988 and the Constitution of Iraq for the year 2005 as well as the constitution of Egypt in 2014 and adopted the nature of the prevailing political system in each country mainly for study.
