قرارات مجلس النواب العراقي و مدى إلزامها للسلطة التنفيذية

الملخص EN

In addition to its oversight rule and its role in issuing federal legislation, the parliament performs another work, which is issuing Resolutions based on its constitutional powers.

The parliament occasionally issues resolutions, but some of these raise a number of legal and constitutional problems regarding the viability of the parliament to issue them and how far they are mandatory, Recently the parliament has issued a number of resolution that are marked with a sort of confusion, and some of them have not seen light despite of being voted upon by the majority of the parliament members.

Can the issued parliamentary resolution be ineffective and nonexistent after it has been voted upon in the parliament? And how such a resolution can be differentiated from the right one? The current study adopted an inductive -analytic approach in the analysis of the parliamentary resolutions and it investigated the extent to which these resolutions are compatible with the articles of law and constitution taking in consideration the resolution of the relevant Federal supreme court.

The study came up with a number of findings and recommendations.

One of the major finding is that the parliamentary resolutions is valid only when it is voted upon by the simple majority after a quorum is obtained within the parliament.

Another finding is that the parliament's issuing of resolutions is governed by the constitution, and the parliament is not authorized to issue whatever resolutions without referring back to the constitution and law.