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The problem of distributing constitutional powers between the two components of the executive authority in Iraq (A comparative analytical study) | ||
| Journal of Anbar University for Law and Political Sciences | ||
| Article 24, Volume 16, Issue: 3, September 2026, Pages 720-749 PDF (931 K) | ||
| Document Type: Research Paper | ||
| DOI: 10.37651/aujlps.2025.166792.1677 | ||
| Authors | ||
| Muteeh Mohammed Omer* 1; Renjibar Jameel Sheekhoo2 | ||
| 1college of Law / University of Duhok | ||
| 2Head of the Humanities and Educational Sciences Research Department Scientific Research Directorate – University of Duhok | ||
| Abstract | ||
| The duality of executive power is a prominent feature of the parliamentary system. It consists of a head of state (either a king or a president), who does not exercise actual powers related to government affairs, and a cabinet, which formulates the state's general policy and oversees its implementation. This is what the Iraqi Constitution of 2005 adopted in Article (66), which adopted the traditional parliamentary system, in which the position of president is an honorary or nominal one, lacking actual powers. This is inconsistent with the role of the head of state in the parliamentary system as an arbiter between the branches of government and a guarantor of their balance. It also conflicts with the diverse nature of Iraqi society, particularly since the Iraqi parliamentary system is based on sectarianism in the distribution of the three presidencies. Therefore, the national interest requires entrusting the president with powers that preserve the stability of the political system. Key recommendations include that the national interest requires entrusting the President of the Republic with powers that enable him to play an effective and fair role in the event of political crises that could affect the stability of constitutional institutions and result in the disruption of the people's interests. This is due to the pluralistic nature of Iraqi society, particularly its reliance on sectarian quotas in the exercise of federal powers. | ||
| Keywords | ||
| Components of the executive authority; executive powers; parliamentary system | ||
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