التنظيم الدستوري لإصدار العفو الخاص في ظل دستور جمهورية العراق لسنة 2005 : دراسة مقارنة

Abstract EN

Most constitutional systems traditionally grants the head of state in which either a king or president of the republic , the privilege of pardoning convicted of committing certain criminal offenses , where they relieve some of the sanctions or dropped entirely for convicts under unqualified judicial rulings , and this jurisdiction or concession granted to the head of state is one of the Executive competencies task , which is the right to a clear interference in the work of the judiciary , and a breach of the principle of separation of powers , in spite of the merits of the justifications offered by defenders of this specialization.

With the need to demonstrate that this jurisdiction has become practiced by the Head of State in the same orientation parliamentary systems like the rest of the terms of reference with the consent or advice of the prime minister or the minister concerned , unlike the case in presidential systems that the head of state to be granted a pardon this great independence.