تمديد ولاية المجالس النيابية : دراسة تطبيقية للمجالس الوطنية و المحلية في العراق و إقليم كوردستان-العراق

الملخص EN

Conclusion The determination of a specific period for the mandate of the Parliamentary councils revolves around the existence and non-existence with the timeliness corner of the parliamentary democracy, because the timeliness corner requires specifying a reasonable period of time for the mandate of the Parliamentary Councils, and on this basis most of the constitutions stipulated the determination of a reasonable time period that ranges from two to five years for the mandate of the Parliamentary Councils, And in order to renew the council's mandate at the end of the term, it also stipulated that a specific period be set before the mandate of the existing council to conduct elections to renew the council's term, and the formation of a new council with the end of the mandate of the existing council.

The extension of the mandate of the House of Representatives is in violation of the rules of jurisdiction and delegation as well, because representatives are competent to exercise their powers defined in the constitution within a limited period of time and with the end of this period their powers to practice their business ends, and when they perform any work outside this period their behavior is tainted by the defect of lack of temporal competence Their behavior is invalid, in addition to that the extension of the mandate of the Parliament is considered contrary to the rules of delegation as well, because according to these rules the authority of the Commissioner ends once the time period specified for him has expired, and during our study of democracy we concluded that the people are the original owner The power to delegate power by all members of the people, the people authorized the deputies to exercise judgment in their place for a limited period and with their termination, the jurisdiction in question delegated to the original owner of the authority It should be noted that in the new countries of democracy, the constitutional and legal dates of the mandate of the Parliamentary Councils are not adhered to, and the elections are delayed and the mandate of those councils is extended, whether in Kurdistan or in the Iraqi federal state.

In this research, the cases of extension to the national, local, or municipal councils are discussed with submitting the necessary proposals and recommendations not to Resorting to extending and abiding by the constitutional and legal dates of the elections in order for the parliament to retain its legitimacy