أحكام استبدال أعضاء مجلس النواب العراقي : دراسة مقارنة

Abstract EN

the Council of Representatives in any country performs many tasks, including legislative, supervisory and financial, and that deputies are agents of the people to carry out these tasks under the principle of proportional representation, and that the shortage that may occur in the number of deputies affect the progress of work in the Council, so we must address this shortfall, so Constitutions proceeded to clarify the legal provision for the vacancy of a seat in the Council of Representatives.

Special laws were enacted to deal with this issue, which was followed by the Iraqi legislator when he started the law to replace members of the Council of Representatives in accordance with Article (49) of the Constitution of the Republic of Iraq for 2005.

This research seeks to shed light on the mechanism of replacing deputies to address the vacancy of one or more seats in the House of Representatives.

The research problem is a result of the weakness of the legislative drafting of the replacement law No.

6 of 2006 and its amendment of 2007 in many respects, its ambiguity and the large number of legal appeals submitted to the Federal Supreme Court about the mechanism of its application.

Using a comparative analytical methodology, constitutional and legal provisions relating to replacement were examined in Egypt and Iraq.

Reference was made to the laws of other countries to support comparison and analysis.