دور الــمـحـكـمـة الاتـحـاديـة الـعـليـا في تـقـويـم الـنـظام الـبرلـمانـي في العراق ( دراسة مقارنة )

The Role of the Federal Supreme Court in Calendar the parliamentary system in Iraq ( A comparative study )

The parliamentary system is considered one of the political systems based on the principle of a flexible separation of powers intertwined with a spirit of cooperation and balance. As a political system in Iraq, according to Article 1 of the Constitution of the Republic of Iraq of 2005, is considered a “parliamentary” system, calendar the parliamentary system entails the realization of cooperation, balance, and mutual oversight between the legislative and executive powers. This is achieved through the constitutional judiciary, represented by the Federal Supreme Court, which plays a crucial role in achieving these objectives.
The Federal Supreme Court, exercises its constitutionally granted powers as the constitutional judiciary, to calendar any deviations or deficiencies within the parliamentary system. Such deviations may arise due to legislative inadequacies concerning constitutional provisions or deficiencies in the practical interplay between the legislative and executive powers during the implementation of constitutional provisions. Furthermore, the Court addresses any ambiguities and gaps in legal texts. Vague, ambiguous, or incomplete provisions can undermine the parliamentary system and disrupt the functioning of the Federal Supreme Court.
This study aims to elucidate the effectiveness of constitutional judiciary in comparative countries, specifically focusing on the Federal Supreme Court in Iraq, in calendar the parliamentary system. Moreover, it sheds light on the Court’s decisions, which, in reality, may contribute to a decline in achieving cooperation and balance between the legislative and executive powers by favoring one power over the other.
In this context, the study is divided into three chapters, including the introduction and conclusion. The first chapter expounds on the nature of the Federal Supreme Court within the Iraqi parliamentary system. The second chapter delves into the effectiveness of the Federal Supreme Court in fostering cooperation between the legislative and executive powers. The third chapter examines the effectiveness of the Federal Supreme Court in achieving the balance between the legislative and executive powers.
In conclusion, this study has yielded several findings and recommendations. One crucial finding is that the Iraqi constitutional legislator has expanded the powers of the Council of Representatives without fully considering the principles of the parliamentary system. It needed to provide each power with the means and mechanisms to influence the other power if it were to overstep its boundaries. This includes essential mechanisms such as “dissolution of the Council of Representatives” and “objection to laws,” which have not been granted to the executive power. Consequently, this imbalance in powers has affected the role of the Federal Supreme Court in calendar the parliamentary system, as the Court bounds in its decisions by the literal interpretation of constitutional texts.