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ثنائية السلطة التنفيذية في دستور جمهورية العراق لسنة 2005 : دراسة مقارنة == Duality Of The Executive Authority In The Constitution Of Republic Of Iraq For The Year 2005
Author name:
ايمان جسام محمد
Supervisor name:
مهند ضياء عبد القادر
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:
13T1462 - p.pdf
Abstract:
The executive authority status differs from one country to another according to the political regime applied in it, the executive authority status in a country applied parliament system differs from its status in another state applied presidency system, and for these systems based on the execution authority, all the attention is directed towards the latter system, and distribution of authority in it, and here we could find two kinds of systems in this respect.There are systems adopted uniexecution authority principle of its subject and form here related with the presidency system, the president of the state is elected by people in this system, where he gathered between the capacity of president of the state and president of the government, thus the president of the state in this system dominated and ruling, he is at the top of the state, and he is the president of the execution system and he is in charge of it before the people, where there is dissolve of responsibility.There are another systems based on duality of executive authority, we mean here the parliament system, where this system depending distribution of powers in areal way between the two positions, we could find in it that the execution power based on the principal of duality, means the existence of two persons at the top of the execution authority, president of the state( king or president of the Republic), due to the nature of the system, whether it is monarchy or presidency, that the president of the state enjoys independence from the position of president of the government, and he does not practice his specialization actually, where the real authority concentrated in the hands of the government and its direct president( prime minister), and his decision are not implemented motely unless signed by the prime minister or one of his specialized minster, subsequently , this system created some kind of logical and rarional distribution of power between the state and the prime minister, and if the execution authority has a special structure, a distinguished status in all the previous mentioned systems theoretically, but the application has witnessed the a state of real outing from logic of his system , as a result of desire of constitution side of some states by generating of coupling for the principle and the fundamentals related with more than one system, and for the existence of real conditions, surrounding the state that getting it out from its main features of the applied system, the matter, that influenced on the execution authority status and leads to change in its traditional characteristics and there would be formal distribution of the authority between the two owners of the positions, if it is focused clearly the superiority the state position on the account of the prime minster that effects on the system nature, thus the jurists of the constitution law, that the constitution of the French,1958, has violated the parliament system via giving the president of the state wide powers, strong position, where it mixes the parliament and the presidency systems, and the presidency of the republic overweighed upon the expenses of the government, and according with what has mentioned, we try to know the principle of execution authority duality in Iraq in light with our current constitution for the year 2005, and comparing it with the parliament systems whether traditional one or non traditional, via carrying comparative analyzing study of the president of the republic's relations with the prime minster in some parliamentary systems such as Britain, Germany, India, motherland, Norway, Austria, Japan, Portugal, Canada, Poland, Italy, and of Arabic such as Jordin, Bahrain, Kuait, Tunis, Syria, Yemen, Egypt and the truth that choosing the subject lies in knowing the constitutional and reality status of the prime minster and the government as whole, also there is auto reality represented by knowing the existence of application chances of the Iraqi parliamentary system, of considering the duality of the execution power being the originally one of the basics of the parliamentary system, also some of previous various studies of the execution authority did not discuss but aspect of administrative organization of the relation between the president of the republic and the government, we discussed the execution authority as administrative association without discussing analyzing the constitutional and political dimensions of the relation between the parties of the authority. Based on what has mentioned and with the bless of Al - mighty Allah, we would discuss the subject due to the following plan : - The first chapter : overview about dual authority notion The first category : definition of and starting The second demand : the reality starting of the duality notion The third demand : the legal starting of dual notion The second category : Dual form of execution authority The first demand : formal duality( consultation) Second demand : constitution duality Third category : the influenced factors of dual notion successFirst : demand : election system Second demand : depending adjacent signature base Third demand : party disciplineForth category : duality notion in the Iraqi constitutional systemFirst demand : staring of Iraqi parliament system Second demand : duality notion in presidency constitutions Second chapter : Duality notion in the Iraqi basic law for the year 1925The first category : The king specialty in the field of legislation power The second demand : specialties in the field of execution power Second category Role of prime minster in the basic law for the year 1925 First demand : specialties in the field of legislation powerSecond demand : specialties in the field of execution power Third chapter : duality notion of the valid Iraqi constitution for the year 2005. First category : position of president of the state under the Iraqi constitution for the year 2005 First demand : methods of choosing rulersSecond demand : specialties of president of the state under the constitution 2005 First category : methods of choosing rulers Second demand : specialties of president of the state under the constitution of 2005. First branch : direct specialty practiced by president of the state separately Third demand : states of termination the governing period of the president of the state and the responsibility arranged on it First branch : states of termination governing period of president of the state. Second branch : responsibilities of prime minster in 2005 constitutionThe second category position of prime minister in 2005 constitution First demand : the special provisions of choosing and termination of the governing period of the prime minster Second demand : specialties of prime minster according to valid Iraqi constitution 2005. First branch : specialties of the prime minster Second branch : responsibilities of the prime minster under the constitution of 2005
