الرقابة على دستورية النظام الداخلي لمجلس النواب العراقي (دراسة مقارنة)

Oversight of the Constitutionality of the Internal System of the Iraqi Parliament ( A Comparative Study(

The internal system of the House of Representatives is a major tool for translating the powers, authorities, and means provided by the constitution, as it lays down and outlines a clear method that helps the House of Representatives to perform its constitutional duties; Therefore, contemporary constitutional systems are keen on the independence of the House of Representatives by setting its rules of procedure in accordance with constitutional and legal requirements, and given the seriousness of the functions that the House of Representatives exercises and their prejudice to rights and freedoms, the constitutions have specified political and judicial bodies that are entrusted with the task of monitoring the constitutionality of the rules of procedure of the House of Representatives; To preserve the constitutionality of the internal system of the House of Representatives from being violated, and to examine the legitimacy of the basis on which the legislative process is based. This research seeks to take note of all the procedural and organizational aspects related to the subject of oversight of the constitutionality of the internal system of the Iraqi Council of Representatives and aspects of deficiencies in its legal regulation, and to propose possible and purposeful solutions to determine the legal impact of this oversight and the time frame for its implementation, and in order to ensure the commitment of the House of Representatives to the provisions of the constitution When developing its internal system and upgrading it according to what prevails in the comparative countries. Results were reached, the most important of which is that the role of the House of
Representatives is limited within the framework of enacting its internal system to legislative requirements through which it regulates its internal affairs. The House of Representatives transgresses the principle of separation of powers, but rather came as a guarantee of the supremacy of the constitution and the restriction of the House of Representatives to constitutional limits when exercising its jurisdiction, and although the Constitution of the Republic of Iraq for the year 2005 did not indicate clearly and explicitly the jurisdiction of the Federal Supreme Court to supervise the constitutionality of the internal system of the House of Representatives However, this does not prevent the Federal Supreme Court from extending its control over its constitutionality.
Therefore, we propose to the Iraqi constitutional legislator to amend Article (51) of the Constitution of the Republic of Iraq for the year 2005, in addition to making it as follows: From the Speaker of the House of Representatives as soon as the internal system is approved, provided that the court decides on this request within thirty days.