نقطة التفاعل بين السلطتين التشريعية و التنفيذية حول المبادرة التشريعية في العراق بعد سنة 2003

Abstract EN

The legislative initiative in all government systems represents a right not only a stage towards the enactment and rationing of the laws.

Because, through it, an interactive process appears between the executive and legislative authorities in the state, owing to the control of the executive authority over the others in this respect, despite the clear role of the legislative authority in discussing the initiatives proposed, with its right to approve or amend these initiatives before they become rules in the state.

Therefore, the research problem revolves around the situation in Iraq.

Hence, regarding the text of the 2005 constitution in Article 61, which determined the exclusive limits and authority of the Council of Representatives in legislating the texts of laws, presented as draft laws from the Council of Ministers in accordance with Article 80 of the Constitution, as one of the most significant authorities vested in it according Article 60/1 in terms of the authority to propose draft laws which differs from the right or power to propose laws that are granted to members of Parliament under conditions specified by Article 60/2 of the Constitution.

The right to propose a draft law requires its submission to those who have the authority to convert it into a legal agenda.

Therefore, the constitution has clarified that, there is a right to ten members of the Parliament or to one of its committees to propose the draft laws and submit them to the Council of Ministers, with the consideration of passing some procedures required by other institutions and ministries, so that they can be sent to the parliament.

Thus, the research seeks to highlight the most significant constitutional procedures for the legislative proposal according to the provisions of the valid Iraqi constitution.

The research is a legal qualitative study based on an analysis of the texts of the Iraqi constitution and information obtained from its secondary sources, through using the analytical-critical legal approach in a bid to understand the changes in the nature of the legislative function in Iraq following the parliamentary shift in the system of government in the country.

The research concluded that the process of legislating law in Iraq is subjected, in a narrow range, to political consensus, before it becomes complete- away from the scope of constitutional mechanisms.

This hinders enacting a lot of laws.

Therefore, the impact of political factors in running the state must be limited, especially in the legislative aspect