مدى دستورية قانون تحديد مدة ولاية الرئاسات الثلاث في العراق رقم 8 لسنة 2013 : دراسة مقارنة

Abstract EN

The Constitution determines the general framework of the political system in the country, by determining the public authorities and how they formed and their relationship to each other and their relationship to individuals and ensures the balance between them in each of them exercised its powers and terms of reference without going beyond the powers of other bodies, therefore the Constitution appears as a highest law in the state and should be guaranteeing them the respect andthe governors and the governed is subject to its provisions, and despite the fact that the Constitution is defined as the legal framework for political appearances, but that in some cases the issue of dealing with him often subject to political circumstances and developments in the country.

To pass a law toSpecify the duration of the mandate of both the President and the Prime Minister and the President of the council of Representatives No.

8 for year 2013 by the council of representative as the anthers of the legislative authority has been issued under the circumstances and political pressures at this time in Iraq.

The content of that law talked about the organization of positions of the three presidencies in Iraq (the President and the Prime Minister and the President of the House of Representatives) which related determining the mandate for four years, and each has to hold this position only for two terms.

At the time that the important topic about the Iraqi positions sovereign in the Iraqi constitution of 2005 indicate clearly for each of them, and passed by the Constitution is that the President has no right to take this position for more than two terms only, but which related to the Prime Minister and the President of the council of Representatives, the Constitution did not put any restrictions in connection therewith to be managed to keep them from running and filled or take over those positions for a third time or fourth.

Given the importance of the content of the law which we have referred, which related organizing the positions of presidency of the three authorities in Iraq, which is located in the base (origin) within the Constitution tasks where it was not the Iraqi constitution without attitude toward this matter, but had a clear attitude toward that status command Like the other constitutions in a parliamentary systems, so we have tried in this paper to talk about the constitutional level for that law and show the legal aspects that fit and as well as conflict with the Iraqi constitution.

In order to carry out the research from a scientific point we divided into three sections, we talked in the first section in general on how to develop and identify the three presidential positions in Iraq and that from the perspective of the Iraqi constitution and the constitutions of some countries with parliamentary systems, and we explained in the second sectionthe aspects in the law which related to determine od mandate of President of the Republic The Prime Minister and the President of the council of Representatives No.

8 of 2013 and that are consistent and fit with the Iraqi Constitution of 2005, while the third section was dedicated to clarify and shows the legal aspects that are inconsistent with the constitution which does not fit with him, and we explained in this Section the attitude of Iraqi Supreme Federal Court's about unconstitutionality of the law and based on the decision by the Federal Court No.

64 for the year 2013.

In the end of research we addressed to the conclusions to the constitutional and non-constitutional aspects of this law.