التنظيم الدستوري لصلاحية الرئيس في الامتناع عن تصديق القانون في النظام البرلماني

Abstract

Varied constitutional systems positions from the subject of the head of state's failure to ratify the draft laws through the different organizing this jurisdiction, whether in mixed parliamentary presidential systems and in this paper we have tried to look over the constitutional organization of the failure of the head of state in the constitutions which are based on a parliamentary system, whether it has taken the monarchy or Republican as a system of government is, for this we have taken from the Iraqi Constitution of 2005 as an example and a model with a parliamentary system of the state and the form of government in which a Republican and also we took of the Kuwaiti Constitution of 1962 as a model for a country with a royal parliamentary system, and we had no luck this difference in the organization, including the subject of President of the State's failure to ratify the draft laws, especially in terms of abstinence granted to the head of state, scope and procedures form that must be observed by the Head of State when conducting its competence to abstain or be taken into account by the parliament when re-examine the head of state abstention particularly with regard to obsolete re-discussion or study or majority needed to overcome the head of state abstention and the extent of variability in terms of being a compromise only delay the promulgation of the law for a period of time between being a teleological or projection lead to an end and the abolition or dropping the bill, never to return, leading to the parliament sometimes if he would like to pass with the bill, which was canceled to re-enacted again in the next parliamentary session, according to most of the constitutions position