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العنوان
العلاقة بين السلطتين التنفيذية والتشريعية في ظل أحكام الدستور العراقي لعام 2005 :
المؤلف
الغزالي، ستار عبد الله محمد.
هيئة الاعداد
باحث / ستار عبد الله محمد الغزالي
مشرف / منصور محمد أحمد
مناقش / أيمن محمد أبو حمزة
مناقش / منصور محمد أحمد
الموضوع
الاحكام الدستوريه.
تاريخ النشر
2019.
عدد الصفحات
421 ص. ؛
اللغة
العربية
الدرجة
الدكتوراه
التخصص
قانون
تاريخ الإجازة
1/1/2019
مكان الإجازة
جامعة بنها - كلية الحقوق - القانون العام
الفهرس
يوجد فقط 14 صفحة متاحة للعرض العام

from 430

from 430

المستخلص

We have chosen the issue of balance between the executive and legislative authorities، being the main tool; to achieve political، economic and social reform in any country; because of the characteristics that contribute to the organization of society in all its aspects. The most important of which is its ability to keep abreast of the changes and developments that arise on the surface of social life، without any precedent، and deal with the strict legislative organization، as well as achieve the desired balance between the executive and legislative authorities، which achieve security and stability، In the context of safeguarding values and higher interests، and the delicate balance between the protection of these interests and the guarantee of special interests. It is conceivable in practice: That one of the two authorities should move towards the deconstruction of their obligation to abide by and apply the principle of legality. If the legislative authority is the most authoritative authority، this power should be exercised within the framework of the Constitution and within its provisions، The legislator may waste or detract from the rights established by the Constitution، but these assumptions، as well as other arguments، advocated by regimes based on the principle of the sovereignty of the people. The potential for tyranny of the executive branch، which is more dangerous and more rosy، whether by exercising its usual powers of law enforcement or when exercising its legislative authority to issue regulations، especially the regulations of exceptional circumstances، is known to be free of compliance with the rules of legality. And from here: The need to create restrictions that limit the tyranny of the ruling authorities and to regulate the pace of their movement in the course of the principle of legality and to provide the necessary guarantees to achieve this has been in the interest of the advancement and progress of States and the rule of law in word and deed. The constitutions therefore define general rules governing the relationship between the executive and legislative branches، and take into account the influence of an authority in the field of the other authority، although the forms or patterns of those manifestations differ in the fabrication of political systems. We find that the difficulties that disturb the balance between these two powers are theoretical difficulties، namely، the existence of constitutional provisions that contain provisions that violate the rules of mutual influence، the authority is weighted at the expense of another authority through the granting of a number of competencies، which assumes equality between the executive and legislative authorities to achieve balance، It is natural that the practice of constitutional texts perpetuates this breach، which was codified by the Constitution، resulting in an imbalance in the relationship of balance between the executive and legislative branches