Limits and frameworks of the relationship between the executive branch and the legislature and the ways of its legal development According to the Iraqi constitution in 2005 (Comparative study with the Constitution of Iran)

Author:
Mohammad Hamed Kazem Rabiee
Level:
Master
Field of study:
Law
Language:
Arabic
Faculty:
Faculty of Law
Year:
2021
Publisher:
URD Press
Supervisor(s):
Reza Mohammadi

The importance of the issue of the relationship between the executive and the legislature stems from the fact that this relationship is the main tool for achieving political, economic and social reforms in any country; Because its characteristics are effective in organizing society in every way; More importantly, this two-way relationship can keep pace with new changes and developments in the level of social life.

Therefore, a decision-making legislature (without other partners) addresses this issue and establishes the ideal balance between the executive and the legislature, and thus within the framework of preserving the values ​​and supreme interests of the country and the exact balance between these interests and guaranteeing private interests, security, Stability, development and prosperity are achieved.

It is practically conceivable that one of the two powers would want to be released from its mandatory obligations, which include the commitment and implementation of the basis of legitimacy; The legislature is the body that has the most judicial discretion and it is assumed that this body operates within the framework of the constitution and within the specified area and

Legislators cannot ignore or reduce the rights enshrined in the constitution, but these assumptions, among other arguments, are what regimes based on the sovereignty of the nation demand

In addition, disobedience to the executive branch is more dangerous and likely; Both when exercising their usual powers in enforcing laws or when exercising legislative power by issuing bills, especially emergency bills

It is clear that in such a situation, the executive branch is freed from adhering to the rules of law, and this is where the need arises to curb the tyranny of officials and control their movement in the direction of legitimacy and provide the necessary guarantees, including this goal and its requirements,the development of the homeland, its progress and the realization of the rule of law in practice and speech should be achieved.

Therefore, in the text of the constitution, the general laws governing the relationship between the executive and the legislature are mentioned and the effect that one of the powers has on the spheres of the other is considered, even if it differs according to the system, appearance and forms of this influence.

We have seen that the problems that disturb the balance of these two systems are theoretical problems, and include the existence of provisions in the text of the constitution, which disturb the rules of interaction between the two powers, and by granting many powers to one system give priority to the other. This is naturally to the detriment of the second power.

The presupposition of a balance between powers is equality between the executive and the legislature.

It is normal that the implementation of constitutional texts reinforces theoretical disturbances, and as a result we see a disturbance in the balance between the executive and the legislature.