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The Restriction Formalities Prior To The Dissolution of ParliamentComparative study) | ||
| AL- Mouhakiq Al-Hilly Journal for legal and political science | ||
| Article 1, Volume 7, Issue 2, 2015, Pages 9-51 | ||
| Author | ||
| Rafi Khudhir ShubarandAli Saad Omran | ||
| Abstract | ||
| Every Act would done by a person, whether a natural , moral person must be organized in a manner consistent with the subject matter of the act on the legal relationship of the parties which may affect this act . Perhaps this is the legal organization of the life‘ s essence . In the field of the organization relationship constitutionally, we find that for every action among individuals and one of the state authorities or among the authorities of the state itself, within Restrict organized and prevented from misused, otherwise we are in the scope of absolute power, which is without a doubt the "Wrong" , according to Montesquieu. This is because of the requirements of the principle of separation of powers that be for each authority to exercise its functions independently, except that independence should not be understood as absolutely no organization, but to put certain Restricts to it . The restricts which governing the issue of the dissolution of parliament is certainly multi-some of which is a former dissolve , including what later, but the constitutional regulations for These restricts were mixed, there from the restrict almost to be agreed upon by the constitutions of states replace comparison, while we noticed that there are limits to take out some of the constitutions Without each other, as that of the border explicitly what has been organized at the essence of the Constitution, some of which came within the general rules laid down in the Constitution, or it can be inferred from the findings . These restricts Formalities Prior To The Dissolution of Parliament was not organized in the Iraqi constitutions , which made specially the case in the 2005 Constitution which took starting weakest type dissolution It is self-consistent dissolution with only agreed the Assembly Government system, despite the fact that the text of the first article it showed the nature of the political system adopted a parliamentary system which is based on the principle of balance between the two powers through the paint to the constitutional restricts to be achieved between them. In the face of that sacrifice missing balance in the constitutional text as it is in the political application of the Constitution, where the dissolution will make the Parliament absolute Authority and not bordered by any other Authority ,because has been self-consistent . This constitutional organization in turn impact on border duty to stand at when intended dissolution of the House of Representatives came these restricts which do not meet them hoped to establish a political system that is intended to strike a balance in the constitutional and political life. In the face of it has've included a number of recommendations at the conclusion of the search hoping to find resonate when they intended to amend the Constitution of Iraq, and these recommendations, which we hope to fill the blank of the shortcomings and deficiencies in the Constitution. | ||
| Keywords | ||
| The principle of constitutional legitimacy subjecting all state authorities when exercising their constitutional functions to those installed border at the heart of the constitutional document; because of the functions of the Constitution in a democratic state; a balance between power and freedom on the one hand; and between the State authorities on the other hand; so have all the authority of the three powers of the state; executive and judicial | ||
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