Constitutional regulation of the vacancy of the position of the President of the Republic in the Iraqi constitution, the Iranian constitution, and the Algerian constitution
- Author:
- Akram jasim mohammad AL-Zamili
- Level:
- Master
- Field of study:
- Low
- Language:
- Arabic
- Faculty:
- Faculty of Law
- Year:
- 2021
- Publisher:
- URD Press
Undoubtedly, the issue of the vacancy of the position of the President of the Republic is one of the most important legal issues, as it deals with the vacancy of the position of the most important executive institution in the state, which is the Presidency of the Republic.Constitutional legislation regulates the state of vacancy in the office of the President of the Republic by providing for this in its constitutions. The terminology used to indicate the meaning of vacancy varied, but in general it refers to the vacancy that has been achieved in the office of the Presidency of the Republic.The position of the President of the Republic becomes vacant at the end of the term of the President of the Republic, as well as in the event of an emergency that leads to the vacancy of the position, and the vacancy is either temporary or permanent.Constitutional systems have taken care of the vacancy of the position of the President of the Republic since the beginning of the constitution codification movement, but they differed in the procedures and solutions followed when achieving them.The cases leading to the vacancy of the position of the President of the Republic are divided into two types of cases, they may be temporary and divided into voluntary and involuntary cases, or they may be permanent, and are also divided into voluntary and involuntary cases, and these cases differ in terms of duration and consequences.As for the authority that assumes the tasks of the presidency on a temporary basis, it varies according to the prevailing regulations and the situation leading to the vacancy, as well as the powers and responsibilities of this body, the methods of assuming it and its conditions and its duration.
We have concluded from the foregoing that the constitutional systems in all countries, including the relevant constitutions, have an interest in ensuring the continuation of the exercise of the functions of the presidency by developing mechanisms and solutions that preserve the presidency. Busy even if the president is unable to carry out his duties, but he is not free from the gaps in it, as he is organized in different proportions.