Oversight of the Prime Minister’s actions in the Iraqi constitution and Islamic law

This thesis addressed the issue of oversight, which is one of the necessary actions to ensure the proper functioning of the authorities, and that the executive authority represented by the Prime Minister and members of the cabinet is the one who implements laws and executive responsibilities, as it was necessary to have mechanisms to ensure the Parliament’s control over the work of the Prime Minister and members of his ministry. It also requires the existence of a judicial body that guarantees the constitutionality and legitimacy of decisions, laws and decrees, so that the work of the authorities proceeds in a harmonious manner in accordance with the principle of the rule of law.

In Islamic law, Sharia guarantees the right to monitor the ruler’s actions, so that the Sharia ruling aims to prevent the ruler from violating Islamic Sharia or limit his tyranny, as this rule must be accompanied by permanent and continuous supervision by the nation over the various authorities, including The ruler, so we studied the oversight of the actions of the prime minister in the Iraqi constitution and Islamic law.

The Iraqi constitution is the basis from which the contents and mechanisms of oversight over the work of the Prime Minister emerge. Therefore, taking the path of questioning, interrogation, parliamentary investigation, and applying administrative and constitutional regulations and instructions, in line with the data of Islamic Sharia, as the latter establishes the legal foundations for this control and came integrated in order to improve the level of life. It shows the importance of oversight over the actions of the prime minister for any democratic system, because oversight works to correct this path and prevent the rulers from tyranny in power.

Therefore, the importance of this oversight stems from its pivotal role in rationalizing the work of the Prime Minister, and to take note of the three chapters of the thesis, we have relied on the analytical approach in analyzing the constitutional texts and related laws, as well as on the applied and approach, by extrapolating many of the mechanisms and applications used in this thesis.

The thesis culminated in a conclusion that included the most prominent findings of the researcher, which is that the 2005 constitution does not explicitly provide for the parliamentary investigation method, as the internal system of the House of Representatives avoided that. On the higher interests of the state, legal and religious books and websites were used to complete this message.