العلاقة بين رئيس الجمهورية و مجلس النواب في دستور جمهورية العراق لسنة 2005

Abstract EN

This research is studying the relationship between the President and the House of Representatives according to the Iraqi Constitution of 2005, in order to point out the essential and reality of parliamentary system that have been adopted by the Constitution.

But, the president post in the Iraqi constitutional regulation is not correct and not in good bases when it compared with other parliamentary systems and various international experiences.

In fact, this relationship would start from the moment of the nomination for this post, voting, exercises his constitutional powers and then his responsibility and relieving him from his post.

Therefore, for the above reasons we have studied this relationship according to the constitutional and legal regulation which established in the Permanent Constitution of 2005.

Especially, this position and the relationship has become clearly when issued the law of the nomination for the post of President of the Republic No.

(8) of 2012 and the Law of the Vice Presidential Decree No.

(1) of 2011, to determine the nature of the relationship between the President and the House of Representatives.

However, this regularities of the constitutional and legal powers for the President, might indicate that the political system, (as decided by the Constitution) is a parliamentary system, but we have concluded that this political system, in fact, is not a parliamentary system, based on that the executive power has no right to dissolve the Parliament, as this right existed in all the parliamentary systems, which used as a weapon against the responsibility of the legislative branch.

In addition the Constitution determined the responsibility of the president in front of the House of Representatives.

Our view, this system is nearest to the assembly government