The legislatur in Iraq constitution
2010
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Danışman: Prof. Dr. Attila Özer
Özet (EN)
Since the first constitution has been prepared in Iraq, any constitutional stability has not been happened because many military revolutions have been occurred consecutively and then Iraq was involved in many wars within the period of Saddam and at last the United States? occupation and security lost resulted in Iraqi people?s death. The legislative board had also been affected by this instability related to the Constitution.When we look at the 1925 Constitution, we see that the legislative board consisted of two assemblies called as national assembly and the Senate and the King has been seen to participate in the legislation authority of these boards as well.One of the points that have been criticized related to the Senate founded within the framework of the 1925 Constitution is that the members of this assembly were assigned by the King and the election of these members by the King more than two legislation terms have been accepted by the Constitution. Another point is that there was no women placed in both assemblies forming the legislative board and women had no right to vote in general elections.Moreover, the assemblies during the monarchy (kingdom) period had been seen as weak and unsuccessful against the ministries. Then the national assembly in the kingdom period was seen as a source of concern and the assembly had been dissolved 12 times by the council of ministers due to the inconclusive reasons.Related to the brief conversation about the legislative board within the framework of the 1925 Constitution, we can say that neither national assembly nor the Senate which have been given the authority for the legislation by the 1925 Constitution can fulfill their tasks, but the King exercised these authorities. As we stated, since national assembly was dissolved by the council of ministers within the period of kingdom, this shows that the legislative board founded in this term was weak and unsuccessful against executive body.When we look at the 1970 Constitution, it has been seen that there was a big development compared to the 1925 Constitution. In the 1970 Constitution, women have been given the right to vote for the national assembly elections and given opportunity to become a member of the assembly. In addition, ¼ of the members of Revolutionary Command Council or 30 members of the National Assembly have been given right to introduce a proposed law. However, due to the wars in 1980 and 1991 and the economical embargo after the war in 1991, the legislation authority in Iraq has been given to Revolutionary Command Council although the National Assembly had been founded.One of the points criticized the legislative board founded within the 1970 Constitution is that members of Revolutionary Command Council and National Assembly for both of assemblies constituting the legislative board were required to be a member of Baath Party.Foundation, meetings and legislation authorization of the legislative board founded within the framework of the 1970 Constitution is seen as more democratic than the legislative board in the 1925 Constitution. However, since there was the dictatorial regime (regime by Saddam Hussein) the authorities given to the legislative board according to the Constitution in the legislative year were only written in the Constitution theoretically and most of these authorities were not applied in the period of Baath regime.After the US occupied Iraq, temporary administrative law (temporary constitution) of Iraq was written and Iraqi provisional government was formed together with the US during this process.In this temporary period, the first legislative board of Iraq has been founded after the occupation by the election of national assembly of Iraq. One of the most important tasks of this assembly was to write the permanent constitution of Iraq. In order to write the new Constitution of Iraq deputies from different religion, communion and language among the National Assembly and this commission wrote the Constitution within a definite time and presented it to the National Assembly. According to some sayings, the new Constitution was formed by the American government and then it was translated into Arabic.In accordance with the permanent Constitution of Iraq, the legislative board consists of two assemblies as the National Assembly and the Federal Assembly. The National Assembly is founded provided that the number of women in the assembly is not less than ¼ of whole. The assembly convenes with the qualified majority and takes decisions with absolute majority. In addition, executive body consists of Presidency and Council of Ministers according to the Constitution. Election of the President is held by the National Assembly. If the other basis of the executive power is the council of ministers, this body is responsible against the National Assembly.Keywords:1.Constitution,2.Iraq,3.occupation,4.legislative board,5.Minister.
Yazar
Dr. Ebrahem S. Izat
Kurum
Bu Yayına Nasıl Atıf Yapılır
Ebrahem S. Izat (Master Thesis). The legislatur in Iraq constitution, 2010, Gazi University.
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Lisans
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