In the Iraqi Constitutions excutive power
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2010
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Advisor: Prof. Dr. Attila Özer
Abstract (EN)
In recent years, the executive body whose duties and powers have been increasing gradually has been divided into two main types as monist and dualist executives and the dualist executive body in which executive power is shared between a constitutional ruler or president and the Council of Ministers has been seen as one of the fundamental properties of parliamentary regime.This research has discussed the Executive Body within the constitutions issued between the years of 1925 and 2005.In the first part, after the clarifying of the concept of execution, its historical process has been discussed. In this period, in which systems it had been formed and how it worked, the principle of separation of powers and its applications in Iraqi constitutions have been examined.In the second part the executive body in the previous Iraqi Constitutions has been discussed.When we look at the previous Iraqi Constitutions, it has been seen that only a person or a committee conducted the three important bodies of government. Therefore, management of the nation was under the authority of a committee or a single person. In addition, there were some other committees beside this administration, but those were not active and they only had secondary duties. As a result of examination of previous constitutions, we have determined that the president had actually controlled the governmental institutions and subjected to his hegemony these institutions. There was no political regime or system that was applied explicitly by the country. All the institutions of government had been in the care of president. While the president used his powers, he had weakened the roles of all other institutions and organizations and applied the dictatorial principles.In the third part, the executive body within the 2004-2005 Iraqi Constitutions after the occupation.In the Temporary Administrative Law of the Iraqi Government in 2004, a Presidential Council was established within the context of this constitution. This council consisted of a President and two assistants. The Council of Ministers has undertaken by giving wide powers to the council.In the constitution of 2005 (Today?s Constitution), as the special articles related to executive body have been taken, it has been seen that the legislator had limited some powers of the executive body. It had given some extra powers to legislative organ and restricted the active role of the Council of Ministers. As a result, the National Assembly became dominant over the Council of Ministers. Giving these powers to the National Assembly, it caused to weaken the roles of the prime minister and the council of ministers.In the conclusion part, arguments about the Executive Body in the Iraqi Constitutions have been asserted.
Author
Ayead Kh. Abbas
Institution
How to Cite
Ayead Kh. Abbas (Master Thesis). In the Iraqi Constitutions excutive power, 2010, Gazi University.
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