The extent of the authority of the head of state in the Iraqi and Egyptian constitution (Thesis for a master’s degree in public law)

This study examines the legal provisions on the powers of the head of state in the constitutions of Iraq and Egypt, and during it we tried to address the powers entrusted to the head of state because it is one of the most important issues and on the other hand because We also addressed the importance of the law at the domestic and international levels, because the president has different powers from one country to another, and his powers in the presidential system are as great as they are in Egypt, and this is contrary to the powers of the system. It is a parliament in which the powers of the president are somewhat limited and not absolute, as is the case in Iraq, so the powers of the president are limited to ceremonial matters. The question that arises here is what is the level of powers and powers of the president or the government in the Iraqi constitution and the Egyptian constitution? This study is an analytical comparative study that is in comparison with what is in the laws and provisions of the constitution in relation to the current and practical situation, and for this reason, this issue is studied in two countries, namely Egypt and Iraq.

To answer the level of authority of the head of state in the constitutions of Iraq and Egypt, we find that the role of the head of state in the presidential system with a strong executive position is much more positive, and this is in addition to his direct election by the people. Gives independence and freedom in choice and decisions and constitutional powers. This research required us to divide it into four chapters based on its subject, which included: Chapter One: Concepts and generalities of research in which we deal with some concepts and generalities of research, including the concept of competence and the concept of president and the concept of government in We will examine Islamic thought and the concept of state in Western political thought, as well as the definition of state and its types, as well as the types of head of state and the historical study of some of the constitutions of Egypt and Iraq. Chapter 2 also deals with the legislative powers of the head of state in Iraq and Egypt. In this chapter, we will examine the legislative powers of the President of Iraq under the Iraqi Constitution, which was adopted in 2005, and also in Egypt, through the 2014 Constitution, under normal and exceptional circumstances.

Chapter 3 also deals with the executive powers of the president or the head of government in Iraq and Egypt. And we will examine the powers of the head of government in Iraq according to the 2005 constitution, and also in Egypt under the 2014 law, and we will determine his role in forming the government and concluding foreign contracts. In the fourth chapter, we will make a comparative study of the legislative and executive powers of the head of state in Egypt and Iraq, and we will end our research with the results and recommendations that we have achieved in this research.