The Constitutional Competence of Parliament: A Comparative Study between the Iraqi Constitution of 2005 and the French Constitution of 1958

Most of the constitutions of modern democracy agree on adopting the principle of separation of powers by stating the limits and function of each of the state’s authorities. Accordingly, the constitution singles out texts that clarify the limits of each authority and show how it is implemented and its relations with other authorities in a manner that does not accept delegation in that jurisdiction, and it is recognized that Legislature in democratic countries often consists of one or two chambers, relying on the system of those countries. Among the competencies that parliament in most democratic countries has is the founding jurisdiction through its contribution to the development of the supreme law in the state, which is the constitution, by proposing its draft as an agent or representative, in addition to discussing and approving the constitutional amendments in accordance with the methods laid down in the constitution to achieve the principle of democracy in the exercise of power. The importance of the research is stating the role that Parliament plays in founding jurisdiction as drafting and amending the constitution in both the modern Iraqi and French constitutions. In this regard, what is the constitutional competence of the Iraqi parliament, French? To answer that question, we used in our research the comparative analytical method between each of the modern Iraqi and French constitutions, while enhancing our research with some contemporary constitutional systems that support the subject of the research. Via this study, we came up with results stating that both the Iraqi constitution in 2005 and the French constitution in 1958 gave the Parliament a foundational role in the field of drafting and amending the constitution, respecting the difference between the two constitutions, the role that Parliament plays in the constitution-making process, given that the executive authority in France, represented by the President of the Republic, has a major role in many in that field. After the amendments made by General Charles de Gaulle, which strengthens the position of the president at the expense of Parliament.