The Constitutional Limits of the Composition of the Council of Ministers in the Parliamentary System of the Federal State (Comparative study)

Abstract

The ministry in the parliamentary system is based on the confidence of the parliament. the prime minister who chooses the ministers and proposes them to the president of state. he does not rely on the political criterion, but there are other criteria for choosing ministers as the personal criterion, In view of the scientific progress, the technical standard has appeared and there must be conditions in the candidate for the post of minister. These conditions vary according to the constitutional systems, because these conditions are not determined away from the philosophy of the state system of government and the relationship of constitutional institutions to each other. The stage of the selection of ministers, the stage of appointing ministers, and the stage of granting confidence to ministers, and the most important stage of these stages is the stage of their selection, and decides parliamentary systems that are the jurisdiction of the Prime Minister, and most constitutions provide for this jurisdiction, The competence of the House of Representatives, and the competence of appointing ministers is usually granted by the constitutions to the president of State. The term of office of the Minister ends with the end of the term of the Ministry, whether it is a natural end at the end of its term of office or the end of its term. The term of the Ministers ends with the resignation of the Prime Minister or the withdrawal of confidence. In the form of the Council of Ministers, and may end the mandate of the Minister individually, and in several ways, including dismissal, resignation, disability, death and retirement.. the Constitution of the Republic of Iraq that the system of government is parliamentary, it came out on some of the rules of the parliamentary system in the formation of the ministry, sometimes in its text to address the issue of forming and resigning and dismissing ministers in a manner that does not conform to these rules such as not granting the Prime Minister the competence to dismiss ministers and grant this jurisdiction Of the House of Representatives, and at other times did not provide or indicate the organization of a specific matter, such as the silence of the competent authority to issue the order of appointment of ministers or the order to accept their resignations or refer them to retirement. In practice, it went contrary to the general rules in the parliamentary system in dealing with matters that were silent on the constitution.