The internal structure and the work of the Iraqi Council of Representatives a comparative study with the Islamic Shura Council in Iran
- Author:
- Haider Bakhit Muhammad
- Level:
- Master
- Field of study:
- Low
- Language:
- Arabic
- Faculty:
- Faculty of Law
- Year:
- 2021
- Publisher:
- URD Press
- Supervisor(s):
- Maytham Nemati
This study dealt with the internal system of the legislative authority in the Islamic Republic of Iran and the Iraqi parliament. The importance of this study comes because the legislative authority is an authority that represents the people. The study was divided into three chapters. Iraqi and the Iranian Islamic Shura Council? As the constitutional law builds the dimensions of the state according to a set of procedures, rules and principles, and it has established an internal system for the legislative authority with the authority of the constitution to fulfill its responsibilities before the people. Through our study of the historical stages and the nature of the systems that prevailed in them, the parliamentary system has advantages that make it the best among them. Either the mixed system is often characterized by political crises, and this stems from the difference in the proportion of forces within Parliament. Iran is characterized by a system of government different from other regimes, but it has a special system, and the principle of separation of powers is less than proportional. As for the system of government in Iraq, it is republican, representative (parliamentary) and democratic. The researcher adopted the descriptive and comparative approach by describing the most important internal structure of the Iraqi parliament and the Iranian Islamic Consultative Council, which is applied within the parliament, and making a comparison with the constitutions and laws of both countries. The study aims to know the legal value of the laws and legislations of the internal system of the legislative authority through the compatibility of its decisions and laws with Islamic Sharia or its violation. The benefit that we obtained from the study and comparison is to diagnose the failure points in the internal system of the Iraqi Parliament, as Islam is one of the sources of legislation and not essential. One of the most important results of the research is that the Islamic Consultative Council is a monolithic composition with two pillars, namely the Islamic Consultative Council and the Guardian Council. As for the Iraqi Council of Representatives, it is dual composition and contented itself with examining the constitutionality of laws and neglecting their legitimacy, unlike the Islamic Consultative Council. The researcher recommended that the Iraqi legislator be up to the responsibility to look into the legitimacy of laws before their constitutionality, following the rules of procedure of the Iranian Islamic Consultative Assembly, as it is the closest to the religious structure of Iraqi society.