التنظيم القانوني لاستبدال اعضاء مجلس النواب في العراق (دراسة مقارنة)

Legal regulation for replacing a members of the House of Representatives (A comparative study )

Abstract

The searching in the replacement a member of council of representatives topic from the legal topics that have a great importance especially in the countries that govern by parliament a member position of council representative is cort from the positions that developed with the development of the idea of democracy representative The member of house of representatives is consider the primary organiser legislative power represented by the constitutional institution that contains a group of persons who elected by the society or those appointed in order to exercise the parliamentary function throughout the specified constitutional period that different like the difference the legal system in entire country, so the representation should be in the council according to a strict and integral legal system that guarantees the full existence of this representation . Therefore every possible vacuum must be filled before the legal and the parliamentary season but there are such cases that achieve it leads to expiration of membership status to the deputy before the end of the period for any reason voluntary or involuntary that law stipulate it , it should be ( resignation/ change political affiliation/ gather the parliamentary membership , jop ar another jop / impeachment/ dead / loss the membership as a result of missing one of its conditions )
All of these shall have one legal effect, its losing part of representation of the popular will and must restore accordin what it is called ( replace a member of the house of representative ) accordingly this massage aims to aware of the legal provisions that recognising a replace a member of the house of representative in iraq and the countries that have the same law ( Egypt / Algeria / Jordan ) with indicates a voluntary and involuntary justification to replace a member of the house of representative and indicates a mechanism and procedures for replacement to any case of those cases ,In this context the massage was divided to an introductory topic and tow chapters in addition to the introduction and conclusion
The concept of replacing a member of House of Representativ was introduced and the aims of the replacing ( legal and realistic) I submitted an voluntary justification to the replace a member of House of Representative in the first chapter and an involuntary in the second one At the conclusion of the thesis, I reached a set of resultsAt the conclusion of the thesis, I reached a set of results and proposals, the most important of which is that the Iraqi legislator neglected the text in the effective replacement law to specify the legal period necessary to carry out the replacement process.It may lead to the parliamentary position remaining vacant for a period of time , This will inevitably affect the progress of parliamentary work and hinger it , leads to Entering a state of political vacuum or legislativeso we suggest to an Iraqi legislator to edit an effective replacement lawIt should be (60) days like His counterpart an Egyptian legislator who Who has allocated 60 days to fill the position from the date of the announcement of the vacancy