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mbalance between the executive and legislative branches In the Constitution of the Republic of Iraq for 2005: A comparative study

The most important right parliamentary system features it is based on three key elements must be met in order for this system is characterized by Balbrlmana, and these features lie in cooperation and balance between the executive and legislative branches also lies in the equality between the two branches, and this can not be achieved unless there is a mutual understanding between them, and this understanding can only be achieved if all possessed the power of the media and the influence of pressure is what makes other power stands at a certain point

Therefore constitutional rules came in this system to decide the legislative authority of certain rights exercised in the face of the executive branch and check use effective on its work and behavior control, and in an interview these rights the Constitution puts at the disposal of the executive power and the means that can by which affect not only the work of the legislature, but in the presence He also realized that the balance between the branches

Nevertheless, some constitutions have embraced solutions bucked the implications part of these rules, while made it difficult for the ministry to resort to dissolve the council when his inability to discharge of the duties, because of the suspension of this solution on the approval of the Council itself, the time which makes it easier for the council that topples the ministry. Has been featured prominently in the approach taken by the Constitution of the Republic of Iraq for the year 2005, when it actually disrupted the ministry the authority to dissolve the House of Representatives in what was dubbed the hands of the Council to dismiss the ministry and this approach is contrary to sound legal assets also represents a breach Pena conditions of oversight and accountability, and a deviation from the fixed to the parliamentary system Qaeda.

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Publication Date
Wed Oct 07 2020
Journal Name
Journal Of Legal Sciences
The status of the Arabic language in the Constitution of the Republic o f Iraq for the year 2005: A comparative study

    The Constitution of the Republic of Iraq for the year 2005, in force and following most of the previous Iraqi constitutions and the constitutions of the Arab countries, states that Arabic is the official language of the state.  Recognition of the great and lofty status of it, it is the language sanctified by the Creator (Almighty), by choosing a language not written by Heaven and the dominant of them all (the Holy Quran).  In addition, it is also the endowment of lingual to the seal of his prophets and the leader of his messengers, the greatest Prophet Muhammad bin Abdullah (peace be upon him).  Moreover, this is what questioned the study of the rules of this constitutional demarcation of the Arabic lang

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Publication Date
Wed Oct 07 2020
Journal Name
Journal Of Legal Sciences
Political decentralization Under the Constitution of the Republic of Iraq for 2005: An analytical study

This research deals with political decentralization under the Constitution of the Republic of Iraq in 2005 in terms of reviewing the concept of the term and its pillars, as well as setting boundaries with other terms that converge with it such as administrative decentralization and autonomy. In order to answer an important question related to the evaluation of the effectiveness of the introduction of this system by the Iraqi legislator, and to indicate the obstacles that prevented the implementation of this system despite the passage of nearly a decade to the entry into force of the Iraqi Constitution, and then propose a road map to complete the construction of this system and its pillar.

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Publication Date
Sun Sep 01 2019
Journal Name
Journal Of Legal Sciences
Procedures of the parliamentary question Under the constitution of the republic of Iraq For 2005: دراسة مقارنة

من خلال دراستنا للسؤال البرلماني تبين لنا ان السؤال البرلماني يمثل اداة رقابية مهمة يتمكن النواب عن طريقها من متابعة نشاط الحكومة اضافة الى كونه قناة للتعاون بين السلطتين التنفيذية والتشريعية.

ان تنوع صور السؤال البرلماني وسهولة اجراءات طرحه وبساطتها والحيوية التي تمنحه فعالية الاداء ساهمت كثيرا في تصاعد استعماله كأداة رقابية برلمانية كما ان التطور المضطرد في الوسائل الاعلامية المرئية والمسموعة وال

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Publication Date
Wed Feb 10 2021
Journal Name
Journal Of Legal Sciences
Granting Partial Confidence to The Ministry in Constitution of The Republic of Iraq 2005

The Topics of Granting Confidence to the Ministry is a Renewed Issue in the Constitutional and Practical Reality. This is important if we know that although the Constitution of the Republic of Iraq does not address this issue, the Federal Supreme Court of Iraq has established new provisions regarding the granting of partial confidence to the Government despite the clarity and openness of the text of the article (76) of the Constitution of the Republic of Iraq for the year 2005, and therefore this study attempts to answer the following questions: Does the Federal Supreme Court have the amendment of the constitutional text? Is it possible to consider the decision of the Federal Court a customary constitutional custom of deletion if we know

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Publication Date
Mon Dec 25 2023
Journal Name
Journal Of Legal Sciences
The Constitutional concept of National security policy under the Constitution of the Republic of Iraq for the year 2005

The Constitution of the Republic of Iraq for the year 2005 dealt with the policy of national security as an exclusive competence of the federal authorities, and the policy of national security as one of the forms of general policies that the constitution enclosed in privacy when it was stipulated in particular, and this policy also attracted the attention of comparative constitutional examples, as it stipulated the formation of specialized constitutional councils to undertake The process of developing and implementing this policy, or forming specialized institutions for this matter, and according to the national security policy, the unity of policies in the state is ensured and directed towards achieving the requirements of Iraqi nationa

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Publication Date
Wed Jun 15 2022
Journal Name
Journal Of Legal Sciences
Political rights and their guarantees under the constitution of the Republic of Iraq 2005 (analytical study)

        It guarantees the political rights of individuals to participate in public affairs and political life, but these rights require their protection by the existence of guarantees that guarantee the protection of these rights and ensure that they are actually exercised by individuals. The Constitution of the Republic of Iraq for the year 2005 We dealt with the type of protection granted to these rights, as well as the statement of the types of political rights and the position of the Constitution of the Republic of Iraq for the year 2005 towards them.

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Publication Date
Wed Oct 30 2019
Journal Name
Journal Of Legal Sciences
Territory independence according to the Constitution of the Republic of Iraq for the year 2005

One of the constituents of the autonomy of constituent units of the federal State is the existence of an independent legal existence and the right to self-organization, ie, the ability to organize itself freely and at its own volition, without being imposed by the federal authorities. It is the federal states or regions that establish their own constitutions as well as their domestic laws, political system and government regulations, in a manner not inconsistent with the federal constitution. Such an idea and its application in Iraq was the subject of our study entitled "Organic Independence of the Federal Regions in accordance with the Constitution of the Republic of Iraq of 2005".    

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Publication Date
Sat Apr 10 2021
Journal Name
Journal Of Legal Sciences
Conditions of candidacy for the House of Representatives under the Constitution of the Republic of Iraq for 2005: An analytical study

The electoral process is of great importance in the political system that takes parliamentary democracy and represents the main stream of democratic practice. The degree of urbanization and progress of peoples is measured by the criterion of practicing democracy. This practice is justified by the citizens' awareness and awareness of their political rights،  Election.

The right of candidacy is a real embodiment of the democratic dimension in allowing citizens to participate effectively In the administration of their country's affairs through parliamentary representation,  as well as activating citizens' exercise of their right to elect their representatives in the House of Representatives.

We have dealt with the

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Publication Date
Sat Apr 27 2019
Journal Name
Journal Of Legal Sciences
State of emergency under the Constitution of the Republic of Iraq 2005 Solutions and Treatments

The emergency law is an exceptional system intended to support the executive authority with possibilities which limits the rights and freedoms of individuals to meet emergency conditions that threaten the public safety or country security, accordingly, the authority set forth in this law shall comply with the purpose set for it in taking any of the procedures provided by that law and does not depart from the means that are consistent with the constitution provisions. 

The reasons and conditions for declaring a state of emergency must be clear and stipulated in the constitution or in the emergency law in order to restrict the executive authority, the procedures implemented by the government under the state of emergency are di

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Publication Date
Sat Dec 24 2022
Journal Name
Journal Of Legal Sciences
Constitutional Public Order and its Applications under The Constitution of The Republic of Iraq for The year 2005

This research deals with the idea of ​​a constitutional public order, determining its nature, and its applications in light of the Constitution of the Republic of Iraq for the year 2005, by reviewing the relevant constitutional and legal texts, and comparing them with the principles followed by the Federal Supreme Court on the one hand, as well as comparing the behavior of the Iraqi constitutional legislator with some Comparative trends relevant to this topic, especially in Egypt and France, in order to try to draw a road map related to this idea in Iraqi legislation and jurisdiction.

The importance of the research is the scarcity and lack of in-depth studies by constitutional jurists in Iraq despite their abundance in the wr

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