الاختصاص القضائي لرئيس الجمهورية : دراسة في دستور جمهورية العراق لعام 2005

Abstract EN

The President of the State in all political systems has different competencies, the most important of which is executive, but this competence varies from one system to another as it strengthens its role in the presidential system and weakens its role under the parliamentary system and mediates between strength and weakness under the semi-presidential or mixed system has adopted the 2005 Constitution.

In Iraq, the parliamentary system, which is based on the dual executive power, that is, the presence of a president of the republic adjacent to the prime minister, and that one of the characteristics and characteristics of the parliamentary system is the irresponsibility of the president of the republic, because it does not have power as the power rotates wherever there is responsibility, and since the head of state in the system This principle was originally from the English system, which promises to be the cradle of the parliamentary system and the crystallization of its existence, but this situation in Iraq is quite different, despite the provision in the Constitution in Article 1 of the adoption of the parliamentary system However, the Constitution itself contradicted itself in contravention of the most important features of the parliamentary system, namely the lack of responsibility of the head of state, whether it is king or president of the republic, where he set a set of actual powers in Article (73), which is carried out by the President of the Republic, including with regard to legislative work, including This is related to the judicial work, the most important of which are the right to pardon, ratify the death penalty and intervene in the appointment of certain categories of judges, in addition to the honorary powers that do not decide the responsibility of the President of the Republic.

In three demands where tna Us in the first demand, the executive relationship with the judiciary to demonstrate the mutual influence between the two authorities.

In the second request, we dealt with the President's competence with the special amnesty granted by the Constitution, which is the right of judicial jurisdiction because it relates to the settlement of judicial disputes.

the Constitution.