((Guarantees of the independence of the legislative authority in the Iraqi constitution for the year 2005 compared to the Islamic Consultative Council))

Author:
Aentsar Hassan Ali al-Gharibawi
Level:
Master
Field of study:
Law
Language:
Arabic
Faculty:
Faculty of Law
Year:
2021
Publisher:
URD Press
Supervisor(s):
Muhammad Khadada and me

It includes that the government of the modern state consists of three authorities: the legislative authority, the executive authority, and the judicial authority. Each authority carries out specialized work. These authorities are established and established by the constitution. They are established according to existing constitutional provisions, and they are granted specific jurisdiction in accordance with them. These authorities are distinguished by their independence from each other, but in the Iranian constitution the separation is relative and not complete, as it is in the Iraqi constitution.

The main function of parliament is to lay down legislation that governs the various types of activities of importance in the state. The parliament also exercises a type of oversight over the state’s executive apparatus in one way or another that differs according to the type of political system applied.

However, Parliament cannot fully exercise its legislative and oversight functions, unless it is independent, with independence that guarantees it to freely carry out these functions.

Constitutions have legislated constitutional and legal guarantees for the independence of parliament, and the Iraqi constitution and the Iranian constitution are keen to regulate them, and this organization is based on the rules and principles that give parliament organizational powers and ensure the functioning of the parliament, and the rules that grant members of parliament rights and privileges, and we have tried, by studying this topic, to exit A perception about the Iraqi legislature’s handling of guarantees of the parliament’s independence and its organization under the constitution, the enforceable law, and the internal system through comparison with the Iranian Islamic Consultative Assembly and its internal system, standing on the most important differences between the two councils and taking advantage of the positive differences and presenting them in accordance with the proposals and recommendations of the Iraqi legislator as the Iraqi parliament is a new experience that emerged in the year 2005 AD, as it was accompanied by many failures compared to the Islamic Consultative Assembly, which extends its historical roots to the year 1906 AD.