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الدور الرقابي للجان البرلمانية في دستور العراق 2005 == The Oversight Rol Of Parliamentary Committees In The Constitution Of Iraq

Author name: لبنى عدنان يوسف الموسوي
Supervisor name: سمير داود سلمان الدليمي
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:
Abstract: Parliament is the political structure like other structure of the state and society ,it is the base which build on and which stands upon the state and its political system and it is the responsible about many operations the imporlance one is the Legislation for the person , society ,state and the control on government action because it is one of the imporlant lnstitutions to make change in the current situation and the way to change and update in the same time where is the guarantee for the completion and democracy as per of the frame of Constitutional.So the lraq and What is witnessing the vast amounts of challenges that require institutional building coherent and rational political performance, so the parliament should be one of the institutions which play an important role to face this challenges from build and Iineup and activities roles that so imporlant and one of them the active role specially in regulatory area the subject of our research.So we deal with in our subject the regulatory side for the parliamentary committees in the lraqi parliament Power conferred by the rules of procedure for the committees ln the exercise of their work and speeifieally in the parliamentary inquir^y through out' follow - up to the performance of these committees and their work we see that the Council that exercise the profession of the investigation by the Commission either permanent or private it will done when its mission done or from Joint committees from many committees.The guided in our precedents and traditions of each of the systems comparison (UK, France ,USA, Egypt) because of their large role tn establishing principles and controls that goes by the Board and its committees where is one of the sources ruling in the padiamentary for his role in both the regulatory and legislative where is characterized by stability and continuity where is the prove for parliamentary work well so it is the result of free and realism parlicipation for the parliamentary and council members as especially ln practice committees in their work in the past is the base of the present and from the experiences of the present we will see the future.Through our research we came to propose several solutions for astrong parliament ,strong committees , the most important amendment provisions of the rules of procedure of the Law on the Council of Representatives of lraq NO.50 year 2007 amended by the law NO.23 year 2010,with adding supplementary texts and detailed to explain the mechanism of action of these committees and determine the percentage of representation of pafties within it Gives a role for the minority party in parliament and the need to specify a time limit for these committees to submit their reports and regulate many aspects of the procedures ln practice for the investigation in order to avoid the reasons that less than effective to avoid the shortcomings and deficiencies in performance Because those texts are the most imporlant organs of the Organization of the work of parliament which represents the people in all aspects of life and supports the foundations of democracy.

مبدا توازن السلطات في النظام البرلماني : دراسة مقارنة == The Principles Of Authorities Balance In Parliament Regime Comparing Study

Author name: فاطمة الزهراء البتول عبد الواحد خميس
Supervisor name: كاظم علي عباس الجنابي
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:
Abstract: مثل النظام البرلماني احد اهم التطورات التي لحقت الانظمة السياسية وحقق استقرارا سياسيا باعتماده المبدا المرن للفصل بين السلطات وتمثيلا حقيقيا للارادة الشعبية التي تقوم عليها الفكرة الديمقراطية، ولهذا فقد حقق هذا النظام نجاحا منقطع النظير في كثير من دول | Parliamentary system is one of the main developments that have sustained political systems and achieved political stability by adopting the principle of separation powers and truly representative of the will of the people upon which the idea of democracy is depend on. This system has made a huge success in many countries of the world as well as the cradle of growing up in Britain, and affected by the tremendous success achieved , this system were adopted for the first time in Iraq, under the Constitution of 1925 and achieved relative success , as was adopted again in the 2005 Constitution , which lay the foundations of this system and adopted an approach in the management of the Iraqi state. Due to recent parliamentary experience in Iraq under the Constitution of 2005 , it was chosen as subject of this study in order to explore grounds on which it is based and the efficacy in practice - by using analytical approach in comparison with the Parliamentary system in the United Kingdom.The requirements analytical study the necessitated dividing this thesis to two chapters preceded preliminary Section that dealt with the theoretical basis of the parliamentary system in terms of its origins and its evolution and its institutions. In first chapter I handled the principle of balance on which the parliamentary system is depend on and means used by the legislative and executive authority. In the second chapter, principle of balance has been put into practice in the Constitution of 1925 and of 2005.The thesis has been concluded with a summary of the most important findings reached by the study in light of the analysis approach, which followed with categorize the details to the general principles in the parliamentary system , including the disruption of real balance between the ministry and parliament by withholding authority to propose draft laws from Parliament and grant it to the executive authority making the parliament depends, in its legislative function, depend on the initiative of the executive authority ( government) which should be granted to the parliament and government as well.In addition to that , it is noted that public's awareness of the idea of democracy is so weak which allows Government to exercise strong control over the parliament, therefore the Parliament couldn’t practice its role in monitoring Government, which needs to be comprehensive awareness as well as experience gained by the ongoing practices of voting and electing.

السلطة التنفيذية في الانظمة البرلمانية : دراسة مقارنة == The Executive Power In The Parliamentary Systems Comparative Study

Author name: ضياء كامل كزار الساعدي
Supervisor name: كاظم علي عباس الجنابي
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:
Abstract: Despite the emergence and spread of the principle of separation of powers , the concept of concentration and separation of powers, the public still exists when considering the types of political systems in the world, became a division of political systems to the councilor system, presidential system and the parliamentary system is based on conditioning the relationship between the public authorities in the state.The parliamentary system more democratic regimes and more correct in the application of the principle of separation of powers , as it is based on the separation of powers and with a degree of cooperation and mutual supervision among them.And that the parliamentary system was not created by theory depend on logic purely, it is a system grew up in England as a result of the events and traditions of its own, has gone through several phases until completed pillars of the duality of the executive branch and the relative separation of powers, and became the executive power under a parliamentary system based on the presence of the head of state has not authorized the actual powers of judgment because of not being political responsibility , and the Ministry responsible is the owner of the inherent jurisdiction to direct the affairs of government, with the executive power and the balance to cooperate with the legislative authority.The success of the parliamentary system in England , to spread to most part of the countries either by tradition or by colonialism , and what was the parliamentary system has starch in England as a result of the events and traditions of their own and that the parliamentary system is not a matter of the Constitution only , but basically building a social and political creation evolution Historically, it is no surprise that dealt with the revision and is subject to appropriate if I want to apply it in other countries, depending on the different circumstances and traditions , so we see that from these countries brought about developments deep in the parliamentary system , as it has worked to strengthen the executive power even surpassed the legislative authority and thus upset the balance in favor the executive power , but within the executive power itself has worked to strengthen the role of the head of state at the expense of the role of the ministry and so disturbed system dual executive power in favor of the head of state , and in this direction came from these countries the traditional image of the parliamentary system to a sophisticated image unconventional.And the importance of the site occupied by the executive power compared to other state authorities , because of the breadth of functions and inflated role at the expense of Parliament in the conduct of the affairs of government in the state and which has become taken for granted in today's world , we have studied and stand on the rules organized under the parliamentary system in both forms traditional and non - traditional. And that the purpose of this study is to state the foundations used by Iraqi constitutional legislator of the Iraqi constitution 2005 for organization of the executive power, and the disclosure of shortcomings in the rules of the organization 's constitutional authority of the executive and its impact on the political reality of Iraq , this is in addition to the extent of correlation between the constitutional provisions governing the status executive power and practice, and through comparison between the situation of the executive power between several parliamentary systems such as England and Lebanon according to the Constitution in 1926 and France according to the Constitution of 1958 and Egypt according to the Constitution of 1971. The study was divided (the executive power in parliamentary systems) to the introductory chapter and two main chapters and conclusion. Introductory chapter is divided on two researches : the first research to study the principle focus of the authorities , while the second research shall be for the study of the principle of separation of powers.Chapter one of the study of executive power in the traditional parliamentary system is divided on three researches : the first research deals with composition of the executive power in terms of how to choose both the head of state and the ministry, while the second research will be the terms of reference of the executive power and how they are distributed between the head of state and the ministry , and the third research is concerned with studying the responsibility of the executive power and that made a statement over political responsibility placed on each of the head of state and the ministry.Chapter two of the study of executive power in the nontraditional parliamentary system , and because of its unique kind of parliamentary systems of departure from the traditional foundations of the parliamentary system , will examine the development of the executive power which through two researches : the first research deals with examining upgrade the center of the and that a President of the Republic statement in the way chosen the terms of reference and the extent of his power in the face of the ministry , while the second r will research to study the power of the executive power in the face of parliament , through a statement The relationship between law and executive decision and the extent of responsibility of each of the President of the Republic and the Ministry.The study concludes with a conclusion include the most important of our findings and the most important recommendations that we propose on the executive branch under the parliamentary system, which was brought by the Constitution of the Republic of Iraq for the year 2005

السلطة التشريعية في النظام البرلماني في ضوء دستور جمهورية العراق لسنة 2005 : دراسة مقارنة == Legislative Authority In The Parliamentary System In The Light Of The Constitution Of Republic Of Iraq 2005 A Comparative Study

Author name: شميم مزهر راضي الربيعي
Supervisor name: كاظم علي عباس الجنابي
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:
Abstract: تعد السلطة التشريعية اهم السلطات في الدولة نظرا لما تتمتع به من مكانة بين مؤسسات الدولة باعتبارها السلطة المختصة بتشريع القوانين في الدولة وهي السلطة التي تمثل الامة ، يتمتع السلطة التشريعية في النظام البرلماني بعدد من الاختصاصات فبالاضافة الى اختصاصها ب

الحكومة الائتلافية في ظل دستور العراق لعام 2005 : دراسة مقارنة == Coalition Government Under Iraq's 2005 Constitution : A Comparative Study

Author name: شداد خليفة خزعل التميمي
Supervisor name: سمير داود سلمان الدليمي
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:
Abstract: Pave the topic : The vast majority of constitutions do not put an end to an officer or an educated guess the future of the proportion of seats that you get the competing lists in any kind of parliamentary elections, and then can not be any list or party to predict in advance the number of seats that will be obtained within the parliament, and whether Cetkfah these seats to play to form a government and then up to the helm of power or you may get a seat converts numbers between one seat to form a government, and the reason for this is that the Constitution puts the general rule for the type of election was only the direct secret ballot, and this is what was adopted by Iraq's constitution in force for the year leaving in 2005 to determine the number of seats to votes.There is also a constitutional texts focused on the necessity of the distribution of parliamentary seats under the pretext of the representation of all, this indicates the Shi it shows that the constitutional legislator has already predicted, and wanted to force the political parties that have entered the field of race to accept the other parties, even if they lower their importance, has won a seat or two seats, but they must lend a hand to the other parties to be able Bmeitha to achieve the required majority. Not to mention that social classes and cultural diversity and sometimes sectarian thought is could lead to heterogeneity within the parliament so the coalition government may be considered as one of the constitutional solutions that the political system may be off the hook completely legal vacuum and frequent formation of governments that may generate already dead not Asthsalha on confidence required by the members of parliament.The coalition government in Iraq, borne out of social reality and the large number of political parties that wish to participate in one way or another or to gain power and to enter the arena of political life. So it was incumbent upon the other parties to accept smaller parties however reluctantly in order to gain the confidence of Parliament.And Iraq are among the most Arab countries, which have seen shifts violent political events since the emergence of the modern Iraqi state in the twenties of the last century and up to the present has been to these transformations events as much as they relate to considerations of interests and policies, international and regional alliances on the one hand and the conflict or convergence of ideas and objectives of the parties various Iraqi political forces on the other hand, in how to manage the affairs of state raised included the overall aspects of life in Iraq, including the political aspects that can be expressed in terms of political effectiveness and political stability. Previous political experience has shown that there is a close between form followed the political system and the efficiency and stability of political Dolh.vfa Iraq relationship can identify a set of indicators by which the performance of successive political regimes measure the extent to which the effectiveness and stability of the politicians and the consequent economic and social progress, including that of the extent of success in the application of the rules of democracy and public freedoms and participation in governance and the peaceful transfer of power and dealing with the Kurdish issue and sectarian issue, including with regard to the quality of the foreign relations with regional and international Oceans.Importance of the study : The importance of research Ptsulaith to eat Iraq partisan composition of which reflected the social, cultural and religious reality and how it affected the political and constitutional approach to the formulation of legal frameworks and political practices and access to popular satisfaction expressed by the political parties of the Iraqi social Alaracah.valbeih consisted of different visions and different religious affiliation different components which reflected heavily on Iraqi society options during the election which led to the disparity in the electoral votes and the secretion of Parliament can say that he is not homogeneous did not get under which any list of the majority required to qualify for the formation of Aovernmh.kma lies the importance of the phenomenon of coalition governments have begun to spread not only Iraq, but in most countries of the world for reasons including the desire to engage the small parties and representation of all the components in order to reach a rational political decisions away from monopoly and domination or individual.The problem of the study : The real problem to the subject of the coalition government lies in the difficulty of finding a compromise formula for the party to attract the largest number of parliamentary seats, which makes it difficult to form a government many The seats scattered inside the parliamentary dome in Iraq, causing him to resort Some parties are forced to enter these seats within the list to be able to form a government and impose their will on these small seats as it does not pose a threat, and which benefited from a temporary stage. The parliamentary elections in Iraq has produced this fact, which called for the matter to the desire of the lists that did not reach the threshold required to form a government initiative to make concessions may amount to its election program in order to enter the largest number of seats to be able to form a government. As summarized study the problem in the elucidation of whether there was a relationship between the nature and form of applied in Iraq's political system on the one hand and efficiency and stability of the politicians on the other hand, or is there another form of political systems can be a better alternative, in the sense alternative that achieves the highest gains with minimal losses commensurate with the nature of Iraqi society combination.The study hypothesis : Consistent with the study, we presented a problem, we proceed from the strong hypothesis "that there is a positive relationship between the form of the system of government on the one hand and efficiency and stability of the politicians on the other hand in Iraq," in other words, that whenever government which will absorber for the combined nature of Iraqi society system whenever he was able to achieve political instability that followed internal stability of the year. Has demonstrated this hypothesis through history many models of global political systems that managed the advancement of society civilized advanced on the ruins of a number of religious, sectarian, political and social conflicts between groups with origins, religions and doctrines of different away from foreign interference, and this is what has been achieved in many countries such as India, which includes social vehicle lineup is very large, as well as the European communities that settled after the religious and ethnic conflicts and its example of France and Britain as well as the United States, which includes a mixture of different religions and ethnicities.The study methodology : Our study of this study as interference in the humanities field that legal studies comprising a part, has been the adoption of the descriptive approach to describe the phenomenon in question and study, as primarily been adopted comparative approach to compare the fact that the message title of a comparative study of models elected Arab countries or non - Arab, and as well as about it, the analytical nature of the study also so analytical method employed in the comparison and analysis. Plan or structure of the study : For the purpose of the study of the subject (the coalition government in Iraq under the Constitution of 2005) divided the study or divided into three chapters and a conclusion.Chapter I : devoted to the study of the coalition government : a theoretical framework, has been divided in three sections : specialize first section, the concept of the government and the coalition government, while the second section was dedicated to the study of the properties and elements of the formation of the coalition government, while the third section, consecrated for the emergence of coalition government .The second chapter was dedicated to the study of the formation of the coalition government requirements, and distributed to the three sections. We studied in the first part, the availability of a parliamentary political system political system as a condition for the formation of the coalition government, while the second section, handled constitutional provisions to help form a coalition government, while the third section, focused on the legal texts to help form a coalition government.Finally, Chapter III : Section two to two sections, the first section defines the nature of the political parties in Iraq after 9.4.2003, while addressing the second section, the political parties in Iraq and its role in the formation of the coalition government.In conclusion, the study conclusion that included the most important findings of the study with a set of recommendations.

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:
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
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