ضرورة قاعدة التوقيع المجاور في النظام البرلماني و طبيعتها

Abstract EN

The first feature of the rule countersignature had appeared before the appearance of known parliamentary system at the present time, and that appearance was for one reason or another, as we will be seen through the research, this rule was developed with the evolution of the rules of political responsibility in a parliamentary system, It became a tool of balance tools between the authority and responsibility that granted to the head of state in a parliamentary system, and it devoted the political responsibility of the Ministry about the authorities that are subject to the countersignature to the prime minister, and the minister, or the ministers concerned.

the countersignature rule returned in its inception to some of the reasons that led to its appearance before the appearance of the parliamentary system that well known and displayed on comparative constitutional systems.

Some of these reasons is characterized by objectivity, those that can find them within the legal logic space for interpretation applies with the privacy of the parliamentary system, while the other is characterized by some of these reasons purely historic.

Not only that, but the genesis of the countersignature rule coincided with the emergence of the political responsibility of the ministry in front of the Parliament following the transformation of the head of state authorities "King" of absolute powers to the authorities restricted .

As the ministerial responsibility is the countersignature of the head of state in a parliamentary system within the scope of powers exercised by the Head of State is not in charge of the parliamentary system, it has become a countersignature rule and always associated with the parliamentary system So the countersignature rule in the parliamentary system considered of the substantive provisions of bilateral executive branch.

It should be noted that not all the countersignature which stipulated in the Constitution makes the existing political system a parliamentary system, therefore, there is no exist for the parliamentary system without the presence of the countersignature rule, and if the Parliamentary system stripped from the countersignature rule that mean it moved away from democracy in the case of adoption of dual-head of the executive power, and if that happens it leads to proceed the head of state de facto authorities without such powers associated with responsibility, because he is not responsible to the Parliament, even if it decided the government's responsibility to parliament shall be then the democracy is faking, as the government was asked for the work that it did not make, but the Constitution prohibits the government to do it, therefore, the responsibility in this case non-existent.

Eventually we have gone beyond the parliamentary system boundaries, which requires, that the government be responsible for what it done individually or in those acts that it share out with the head of state.