Competencies of the President of the Republic (A Comparative Study in Iraqi Law and Lebanese Law)

The President of the Republic is the head of the state and the executive authority. He is the one who looks after the interests of the people, protects the independence of the nation and the unity and safety of its regions, and abides by the provisions of the Constitution. The former president is elected for a term of six years, and according to the constitution, he may not run for more than two consecutive terms, and the results are announced on the day before the expiry of this period. For every party position during the presidential term, the President of the Republic is elected by universal, direct and secret suffrage, with an absolute majority of valid votes, and the procedures for electing the President shall be regulated by law. The President appoints a Prime Minister to form the government and present his program to the Assembly; if his government does not win the confidence of the majority of the members of the House within a maximum of thirty days, the President appoints a Prime Minister to be elected by the party or coalition that holds the majority of seats and the decision is up to them, but his government has not won the confidence of the majority of the members of the House of Representatives within thirty days. In any event, the general election period provided for in this Article shall not exceed sixty days. In the event of dissolution of the House of Representatives, the Prime Minister, at his first meeting, forms the government and presents its program to the House of Representatives to be elected. Or the coalition that enjoys the majority of seats in the House of Representatives, the President may, on the advice of the Prime Minister, elect the Ministers of Defense, interior, foreign Affairs, justice and Representatives. The President of the Republic may, after consultation with the Prime Minister and the approval of the Council of Representatives, by an absolute majority of the members of the Council and no less than three-thirds of the members of the Council, amend the Council of Ministers in accordance with the law. Execution as set out in the Constitution, and the President of the Republic represents the state in foreign relations, and concludes agreements approved by the House of Representatives and approved by law, to call for a referendum on peace treaties and alliances. Matters not related to sovereignty, even after announcing the result of the referendum with approval. In all cases, no treaty that contradicts with the provisions of the Constitution, or ratification of a purchase of part of the state’s land. This study will be descriptive and inductive by examining the existing constitutional provisions and comparing them with practical reality. And the Lebanese legal in Iraq, we will delve into this issue by studying the issue of issuing republican decrees in accordance with the constitutions established before 2003, as well as constitutions established after 2003.