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The Legal Implications of Legislative Delegation and Its Impact on Legal Security (A Comparative Analytical Study) | ||
| AL-Qadisiya Journal For Law and Political Sciences | ||
| Article 4, Volume 16, Issue: 1 part 2 / 2, June 2025, Pages 63-86 PDF (1.04 M) | ||
| Document Type: Research Paper | ||
| DOI: 10.63677/jqlap.2025.160289.1344 | ||
| Authors | ||
| Ihsan Abdullah Ali* 1; Dana Abdul Karim Saeed2 | ||
| 1Master's Student, College of Law, University of Sulaymaniyah, Kurdistan Region, Iraq | ||
| 2College of Law, University of Sulaymaniyah | ||
| Abstract | ||
| The phenomenon of legislative delegation is a significant topic at present, particularly given the complexity and scope of the state's functions, resulting from its shift from a guardian state to an intervening state, on the one hand, and from the succession of economic and social crises, on the other. This transformation has had a profound impact on the three public authorities, both in terms of their functions and the nature of the relationships that bind them together. Regarding the legislative authority, in accordance with the principle of separation of powers, this authority is exclusively responsible for drafting legislation without the participation of any other body. However, this perception has changed, as members of the legislative authority are no longer able to keep pace with rapid technological, economic, social, and administrative developments, prompting parliaments to resort to legislative delegation to address these challenges. Despite the advantages that legislative delegation offers in terms of achieving the efficiency and flexibility necessary to address emerging issues, its misuse can entail significant risks and dire consequences, most notably the violation of individual rights and the destabilization of security and legal stability. These effects require appropriate solutions to ensure the efficient and fair achievement of the objectives of legislative delegation. Therefore, precise and clear wording of the legal texts authorizing this delegation, in terms of its subject matter and duration, is an essential element in ensuring the effectiveness of this legal system. | ||
| Keywords | ||
| Legislative delegation; legislative drafting; legal security | ||
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