The Constitutional and Legal Organization of The Position of Prime Minister in Iraq Under The Constitution of The Republic of Iraq For The Year 2005
DOI:
https://doi.org/10.31150/ajshr.v6i9.3953Keywords:
prime minister, assignment conditions, assignment provisions, political and legal responsibility of the Prime Minister prime ministerAbstract
The topic of the constitutional organization of the position of Prime Minister is one of the important issues in the field of constitutional law in general, and under the 2005 (C.o.R.IRAQ) in particular, which includes provisions that define the powers and responsibilities of the Prime Minister the mechanism by which he is chosen, and his assignment to form the government. However, it does not explicitly specify the conditions that must be met by the candidate for this position. Additionally, the constitution defines the means through which the political responsibility of the Prime Minister is activated without specifying the mechanism for invoking his legal responsibility. Therefore, it was necessary to address the study of this highly important topic.
References
"Article (1) of the Constitution of the Republic of Iraq for the year 2005," Constitution of the Republic of Iraq, 2005.
"The first paragraph of Article (76) of the Constitution of the Republic of Iraq for the year 2005," Constitution of the Republic of Iraq, 2005.
"The first paragraph of Article (77) of the Constitution of the Republic of Iraq for the year 2005," Constitution of the Republic of Iraq, 2005.
Al-Aboudi, Explanation of the Provisions of the Iraqi Nationality Law No. (26) of 2006, Domicile and Status of Foreigners, A Comparative Study in the Scope of Private International Law, Al-Sanhouri Library, Baghdad, 2012, p. 37.
"Article (1/First) of the Law on the Provisions of Nomination for the Position of President of the Republic No. (8) of 2012," Law on the Provisions of Nomination, 2012.
R. K. S. Shaber, Separation of the Executive and Legislative Authorities in the Parliamentary System in Iraq, Al-Sanhouri Library, Baghdad, 2012, p. 79.
"Article (18/Fourth) of the Iraqi Constitution of 2005," Iraqi Constitution, 2005.
"Article (9/Fourth) of the Iraqi Nationality Law No. (25) of 2005," Iraqi Nationality Law No. (25) of 2005, 2005.
"The Federal Supreme Court ruling No. (100/Federal/Media/2013) dated 1/19/2013," Federal Supreme Court Ruling No. 100/Federal/Media/2013, 2013.
Y. Al-Shukri, Imbalance in Favor of the Executive Authority in Iraq, Dar Al-Dhakira for Publishing and Distribution, Baghdad, 2016, p. 30.
"Article 68/Second of the Iraqi Constitution of 2005," Iraqi Constitution, 2005.
Amin, The Authority of the President of the State in the Parliamentary and Presidential Systems: A Comparative Study, Master’s Thesis, College of Law, University of Baghdad, 2014, p. 115.
M. B. Younis and I. A. Abdullah, "The Assumption of the (P.O.R) and His Authority in the (C.O.R) of Iraq for the year 2005," Journal of the College of Law, University of Nahrain, vol. 17, no. 3, 2015, p. 288.
H. Kirah, Introduction to Law, Manshaat Al-Maaref, Alexandria, no year of publication, p. 583.
"The Iraqi Penal Code No. 111 of 1969," Iraqi Penal Code No. 111, 1969.
"Article (3) of the National Accountability and Justice Commission Law No. (10) of 2008," National Accountability and Justice Commission Law, 2008.
"Article (7/First) of the current Iraqi Constitution," Iraqi Constitution, 2005.
"Article (3) of the Law on Banning the Baath Party, Entities, Parties, and Racist, Terrorist, and Takfiri Activities No. (32) of 2016," Law on Banning the Baath Party, 2016.
"Article (135/Third) of the current Iraqi Constitution," Iraqi Constitution, 2005.
"Article (138/Third) of the Iraqi Constitution of 2005," Iraqi Constitution, 2005.
Y. Al-Shukri, The Iraqi Council of Ministers from Occupation to Independence, Zain Legal Publications, Beirut, Lebanon, 2018, p. 164.
Y. Al-Shukri, Studies on the Iraqi Constitution, Afaq Foundation for Iraqi Studies and Research, 1st ed., Baghdad, 2008, p. 267.
"Article (138/Third/D) of the current Iraqi Constitution," Iraqi Constitution, 2005.
"Article (76/First) of the Iraqi Constitution of 2005," Iraqi Constitution, 2005.
Sheha, The Status of the Executive Authority (Head of State - Ministry) in Contemporary Political Systems, Manshaat Al-Maaref, Alexandria, 2006, p. 27.
H. Sadek, The Authority of the Head of State between the Parliamentary and Presidential Systems (A Comparative Study), Egyptian Book Organization, Cairo, 2013, p. 178.
W. A. L. Al-Fadl, Principles of Parliamentary Work (A Study in Light of the Constitution of the Republic of Iraq for the Year 2005), Baghdad, 2006, p. 260.
Y. M. Kashkoul, "The Direct Election of the Prime Minister and Its Impact on Rationalizing the Parliamentary System," Al-Kufa Journal of Legal and Political Sciences, vol. 1, no. 36, Part 1, 2018, pp. 327-328.
"Article (76/Fourth) of the current Iraqi Constitution and Article (43) of the Council of Representatives and its Formation Law No. 13 of 2018," Iraqi Constitution, 2018.
"Federal Supreme Court No. (93/Federal/2010) on 12/19/2010," Federal Supreme Court Decision No. 93/Federal/2010, 2010.
"Ruling of the Federal Supreme Court No. (27/Federal/2009) on 8/11/2009," Federal Supreme Court Ruling No. 27/Federal/2009, 2009.
"Ruling of the Federal Supreme Court No. (32/Federal/Media/2018) and (34/Federal/Media/2018)," Federal Supreme Court Rulings, 2018.
"Article 76 of the Iraqi Constitution of 2005," Iraqi Constitution, 2005.
"Article (81) of the Iraqi Constitution of 2005," Iraqi Constitution, 2005.
"Article (61/Eighth/C) of the Iraqi Constitution of 2005," Iraqi Constitution, 2005.
"Article (61/Eighth/D) of the Iraqi Constitution of 2005," Iraqi Constitution, 2005.
M. H. Al-Harbi and S. D. Salman, The Constitutional Framework of the Prime Minister’s Authority in the Political System, Al-Sanhouri Library, Baghdad, 2016, p. 82.
M. A. Talib, The Largest Parliamentary Bloc Under the Constitution of the Republic of Iraq for the Year 2005, Journal of Law, College of Law, Al-Mustansiriya University, Issue 40, 2021, p. 210.
H. A. Al-Hilali, The General Theory of Interpreting the Constitution and the Trends of the Federal Supreme Court in Interpreting the Iraqi Constitution, Al-Sanhouri Library, Zain Legal, Beirut, 2011, p. 125.
"Article 93, second, of the current Iraqi Constitution," Iraqi Constitution, 2005.
"Federal Supreme Court Decision No. (25/Federal/2010)," Federal Supreme Court Decision, 2010.
"Federal Supreme Court Decision No. (45/Federal/2014)," Federal Supreme Court Decision, 2014.
"Federal Supreme Court Decision No. (70/Federal/2019)," Federal Supreme Court Decision, 2019.
"Federal Supreme Court Decision No. (170/Federal/2019)," Federal Supreme Court Decision, 2019.
"Paragraph (Third) of Article (76) of the current Constitution," Iraqi Constitution, 2005.
"Federal Supreme Court Decision No. (7/Federal/2022)," Federal Supreme Court Decision, 2022.
"Article (80) of the Iraqi Constitution of 2005," Iraqi Constitution, 2005.
E. M. Hussein, The Responsibility of the Head of State, Dar Al Nahda Al Arabiya, Cairo, 2008, p. 28.
"Article (80/First) of the Iraqi Constitution of 2005," Iraqi Constitution, 2005.
S. K. Khalil, "Public Policy and the Means of Civil Society Institutions in Making It," Journal of the College of Education for Girls, University of Baghdad, vol. 24, no. 2, 2013, p. 429.
H. A. Al-Sakini, Controversial Topics in the Iraqi Constitution, Al-Ghadeer Printing, Basra, 1st ed., 2008, p. 64.
"Article (73/Ninth) of the current Constitution," Iraqi Constitution, 2005.
"Article (72/First) of the current Iraqi Constitution," Iraqi Constitution, 2005.
"Article (61/Ninth/A) of the current Iraqi Constitution," Iraqi Constitution, 2005.
"Article (49/Third) of the (H.O.R) internal regulations," Iraqi Parliament Regulations, 2021.
"Article (79) of the current constitution," Iraqi Constitution, 2005.
"Article (3) of the Cabinet’s Internal Regulations No. (2) of 2019," Cabinet’s Internal Regulations, 2019.
"Article (8) of the Cabinet’s internal regulations," Cabinet’s Internal Regulations, 2019.
"Article (5/Second) of the Cabinet’s internal regulations," Cabinet’s Internal Regulations, 2019.
"Federal Supreme Court Decision No. (25/Federal/2010)," Federal Supreme Court Decision, 2010.
"Federal Supreme Court Decision No. (45/Federal/2014)," Federal Supreme Court Decision, 2014.
"Federal Supreme Court Decision No. (70/Federal/2019)," Federal Supreme Court Decision, 2019.
"Federal Supreme Court Decision No. (170/Federal/2019)," Federal Supreme Court Decision, 2019.
"Paragraph (Third) of Article (76) of the current Constitution," Iraqi Constitution, 2005.
"Federal Supreme Court Decision No. (7/Federal/2022)," Federal Supreme Court Decision, 2022.
"Article (80) of the Iraqi Constitution of 2005," Iraqi Constitution, 2005.
E. M. Hussein, The Responsibility of the Head of State, Dar Al Nahda Al Arabiya, Cairo, 2008, p. 28.
"Article (80/First) of the Iraqi Constitution of 2005," Iraqi Constitution, 2005.
S. K. Khalil, "Public Policy and the Means of Civil Society Institutions in Making It," Journal of the College of Education for Girls, University of Baghdad, vol. 24, no. 2, 2013, p. 429.
H. A. Al-Sakini, Controversial Topics in the Iraqi Constitution, Al-Ghadeer Printing, Basra, 1st ed., 2008, p. 64.
"Article (73/Ninth) of the current Constitution," Iraqi Constitution, 2005.
"Article (72/First) of the current Iraqi Constitution," Iraqi Constitution, 2005.
"Article (61/Ninth/A) of the current Iraqi Constitution," Iraqi Constitution, 2005.
"Article (49/Third) of the (H.O.R) internal regulations," Iraqi Parliament Regulations, 2021.
"Article (79) of the current constitution," Iraqi Constitution, 2005.
"Article (3) of the Cabinet’s Internal Regulations No. (2) of 2019," Cabinet’s Internal Regulations, 2019.
"Article (8) of the Cabinet’s internal regulations," Cabinet’s Internal Regulations, 2019.
"Article (5/Second) of the Cabinet’s internal regulations," Cabinet’s Internal Regulations, 2019.
Article (4) of the Council of Ministers’ internal regulations," Council of Ministers’ Internal Regulations, 2019.
"Article (5/First) of the Council of Ministers’ internal regulations," Council of Ministers’ Internal Regulations, 2019.
"Article 7/First of the Council of Ministers’ internal regulations," Council of Ministers’ Internal Regulations, 2019.
"Article (7/Third/1) of the (C.O.M) internal regulations," Council of Ministers’ Internal Regulations, 2019.
"Article (10/First) of the Internal Regulations of the Council of Ministers No. (2) of 2019," Council of Ministers’ Internal Regulations, 2019.
"Article (33) of the Cabinet’s Internal Regulations No. 2 of 2019," Cabinet’s Internal Regulations, 2019.
"Article (81/First) of the current Iraqi Constitution," Iraqi Constitution, 2005.
"Article (78) of the current Iraqi Constitution," Iraqi Constitution, 2005.
J. Afar, "The Legal Effect of Breaking the Constitutional Oath Under the Constitution of the Republic of Iraq for the Year 2005 (A Critical Analytical Study)," PhD Thesis, International Islamic University Malaysia, 2018, p. 174.
"Article (1/first and second) of Instructions No. 2 of 1017, Financial Disclosure Instructions," Financial Disclosure Instructions, 2017.
"Article (9) of Law No. (30) of 2019, the first amendment to the Integrity Commission Law," Integrity Commission Law, 2019.
"Article (17/First/A-B) of Law No. 30 of 2019, the first amendment law to the Integrity Commission Law," Integrity Commission Law, 2019.
"Article (19) of Law No. 30 of 2019, the First Amendment Law of the Integrity Commission Law," Integrity Commission Law, 2019.
M. A. Talib, The Constitutional and Legal Organization of the Resignation of the Prime Minister in the Constitution of the Republic of Iraq for the Year 2005, Anbar University Journal of Legal and Political Sciences, vol. 10, no. 2, p. 322, 2020.
"Article (18/First) of the Internal Regulations of the Council of Ministers No. (2) of 2019," Council of Ministers’ Internal Regulations, 2019.
"Article (1/Fourth) of the Employee Health Disability Law No. 11 of 1999," Employee Health Disability Law No. 11, 1999.
"Article (12/Sixth) of the House of Representatives and its Formation Law No. 13 of 2018, as amended," House of Representatives Law No. 13, 2018.
Aziz, "The Role of the Head of State in Choosing the Prime Minister and Ending His Term in the Iraqi Constitution of 2005 (A Comparative Analytical Study)," Al-Kufa Magazine, vol. 19, p. 268, 2019.
"Article (12/First and Sixth) of the House of Representatives and its Formation Law No. 13 of 2018," House of Representatives Law No. 13, 2018.
"Dismissal means 'stripping the holders of general authority, such as representatives and governors, of their legal powers by withdrawing the voters’ confidence from them before the end of their term,'" M. R. Al-Helou, Political Systems and Constitutional Law, Manshaat Al-Maaref, Alexandria, 1st ed., 2005, p. 234.
"Article (61/Eighth/B/1) of the current Iraqi Constitution and Article (40/First) of the (C.O.R) and its Formation Law No. 13 of 2018," Iraqi Constitution, 2018.
"Article (61/Eighth/B/2) of the current Iraqi Constitution and Article (40/Second) of the (C.O.R) and its Formation Law No. 13 of 2018," Iraqi Constitution, 2018.
"Article (61/Eighth/C) of the current Iraqi Constitution states: 'The Council of Representatives shall decide to withdraw confidence from the Prime Minister by an absolute majority of its members,'" Iraqi Constitution, 2005.
"Article (72/Second/A) of the current Constitution states: 'The term of the President of the Republic ends with the end of the term of the House of Representatives,'" Iraqi Constitution, 2005.
"The year in this text is meant to be the Gregorian year and not the Hijri year, considering that the Gregorian calendar is the official calendar of the state," Iraqi Judicial Association, 2011, p. 24.
"Article (56/First) of the current Constitution," Iraqi Constitution, 2005.
"Article (72/First) of the current Iraqi Constitution," Iraqi Constitution, 2005.
"Article (61/Ninth/A) of the current Iraqi Constitution," Iraqi Constitution, 2005.
"Article (49/Third) of the (H.O.R) internal regulations states: 'The ministry shall be deemed to have gained the confidence of the House when the ministers individually and the ministerial program are approved by an absolute majority,'" Iraqi Parliament Regulations, 2021.
"Article (79) of the current constitution states: 'The Prime Minister and members of the Council of Ministers shall take the constitutional oath before the House of Representatives in the form stipulated in Article (50) of the Constitution,'" Iraqi Constitution, 2005.
J. Afar, "The Legal Effect of Breaking the Constitutional Oath Under the Constitution of the Republic of Iraq for the Year 2005 (A Critical Analytical Study)," PhD Thesis, International Islamic University Malaysia, 2018, p. 174.
"Article (1/first and second) of Instructions No. 2 of 1017, Financial Disclosure Instructions," Financial Disclosure Instructions, 2017.
"Article (9) of Law No. (30) of 2019, the first amendment to the Integrity Commission Law," Integrity Commission Law, 2019.
"Article (17/First/A-B) of Law No. 30 of 2019, the first amendment law to the Integrity Commission Law," Integrity Commission Law, 2019.
"Article (19) of Law No. 30 of 2019, the First Amendment Law of the Integrity Commission Law," Integrity Commission Law, 2019.
M. A. Talib, The Constitutional and Legal Organization of the Resignation of the Prime Minister in the Constitution of the Republic of Iraq for the Year 2005, Anbar University Journal of Legal and Political Sciences, vol. 10, no. 2, p. 322, 2020.
"Article (18/First) of the Internal Regulations of the Council of Ministers No. (2) of 2019," Council of Ministers’ Internal Regulations, 2019.
"Article (1/Fourth) of the Employee Health Disability Law No. 11 of 1999," Employee Health Disability Law No. 11, 1999.
"Article (12/Sixth) of the House of Representatives and its Formation Law No. 13 of 2018, as amended," House of Representatives Law No. 13, 2018.
Aziz, "The Role of the Head of State in Choosing the Prime Minister and Ending His Term in the Iraqi Constitution of 2005 (A Comparative Analytical Study)," Al-Kufa Magazine, vol. 19, p. 268, 2019.
"Article (12/First and Sixth) of the House of Representatives and its Formation Law No. 13 of 2018," House of Representatives Law No. 13, 2018.
M. A. Awfi, Political Responsibility of the Government in the Constitution of the Republic of Iraq for the Year 2005: A Comparative Study, Master’s Thesis, College of Law, University of Baghdad, 2014, p. 52.
R. Desouky, The Executive Authority’s Dominance over Parliament’s Work, Maaref Establishment, Alexandria, 2006, p. 138.
M. A. Talib, The Trial of the President and Members of the Executive Authority: A Comparative Study, Dar Al-Sanhouri, Baghdad, 1st ed., 2015, p. 44.
N. Abdullah, The Extent of Balance between Political Authority and Responsibility in the Modern State, Dar Al Nahda Al Arabiya, Cairo, 1981, p. 10.
"Article (61) of the current Constitution and Article (64) of the House of Representatives’ Internal Regulations No. (1) of 2022," Iraqi Constitution, 2022.
"Article (1) of the Internal Regulations of the Iraqi Council of Representatives No. (1) of 2022," Iraqi Council of Representatives’ Internal Regulations, 2022.
M. A. Awfi, The Political Responsibility of the Government in the Constitution of the Republic of Iraq for the Year 2005: A Comparative Study, p. 63.
"Article (61/Seventh/A) of the current constitution states: 'A member of the House of Representatives may direct questions to the Prime Minister and the ministers on any subject that falls within their jurisdiction,'" Iraqi Constitution, 2005.
"Article (27/Second) of the House of Representatives and its Formations Law No. 13 of 2018, as amended," House of Representatives Law No. 13, 2018.
M. H. Al-Qaisi, Rights and Duties of Members of the Council of Representatives in Iraq (A Study of the 2005 Constitution and the Internal Regulations of the Iraqi Council of Representatives), Bayt Al-Hikma Publications, Baghdad, 2011, p. 63.
"Article (50, 51, 52, 53 and 54) of the Internal Regulations of the Iraqi Council of Representatives No. 1 of 2022," Iraqi Council of Representatives’ Internal Regulations, 2022.
R. M. Battikh, Practical Applications of Parliamentary Immunity Controls and Parliamentary Oversight Means and Procedures, Dar Al Nahda Al Arabiya, Cairo, 2001-2002, p. 184.
M. J. H. Al Halbousi, Parliamentary and Independent Bodies Oversight of the State's General Budget (A Comparative Study), Dar Al Fikr Al Arabi, Alexandria, 2019, p. 176.
"Article (55) of the Internal Regulations of the Iraqi Council of Representatives No. (1) of 2022," Iraqi Council of Representatives’ Internal Regulations, 2022.
"Article (30/Second) of the House of Representatives and its Formations Law No. (30) of 2018, as amended," House of Representatives Law No. 30, 2018.
F. H. M. Mohsen, The Constitutional and Legal Organization for Raising a General Topic for Discussion in Light of the Constitution of the Republic of Iraq for the Year 2005: A Comparative Study, Master’s Thesis, College of Law, University of Baghdad, 2022, p. 88.
"Article (61/Seventh/B) of the current Iraqi Constitution," Iraqi Constitution, 2005.
"Article (58) of the House of Representatives’ Internal Regulations No. 1 of 2022," Iraqi Council of Representatives’ Internal Regulations, 2022.
"Article (34) of the House of Representatives and its Formation Law No. 13 of 2018, as amended," House of Representatives Law No. 13, 2018.
"Article (35) of the House of Representatives and its Formations Law No. 13 of 2018," House of Representatives Law No. 13, 2018.
"Article (61) of the Internal Regulations of the Iraqi Council of Representatives No. 1 of 2022," Iraqi Council of Representatives’ Internal Regulations, 2022.
"Article (27/Sixth) of the House of Representatives and its Formations Law No. 13 of 2018, as amended," Iraqi House of Representatives Law, 2018.
"Article (32/Second) of the House of Representatives’ Internal Regulations No. 1 of 2022," Iraqi Council of Representatives’ Internal Regulations, 2022.
"Article (83) of the House of Representatives’ internal regulations," Iraqi House of Representatives Regulations, 2022.
"Article (84) of the House of Representatives’ internal regulations," Iraqi House of Representatives Regulations, 2022.
"Article (85) of the House of Representatives’ Internal Regulations No. 1 of 2022," Iraqi Council of Representatives’ Internal Regulations, 2022.
