The limits of the executive authorities of the ministry in the Parliamentary System of the Federal State (Comparative study)

Abstract

The ministry has the right to take any executive action in accordance with the requirements of its executive function, Unless the Constitution or the law prohibits such a measure, so that if it exceeds the limits of legal norms in the broad sense, its conduct is unlawful. The study will examine the constitutional and legal limits of the ministry in the executive competencies of the developed parliamentary system in the federal state. The comparative study of the parliamentary system in Iraq will be the parliamentary system of the Federal Republic of Germany as the optimal model of the developed parliamentary system in the federal state. The study will focus on how the constitution and law in the countries under study define the executive competencies of the ministry. Does this definition match the general rules of the parliamentary system, Constitution of the Republic of Iraq committed to these rules or not? In theory and practice, since the constitution of the Republic of Iraq for 2005 stipulated that the system of government is parliamentary, the constitutional legislator was obliged to abide by the general rules of this system, but it came out on some of the rules of the parliamentary system in its executive jurisdiction, sometimes by stipulating that the subject be dealt with The rules, such as derogating from the competence of the Council of Ministers in the appointment of senior officials, his authority in this area is merely suggested the names of candidates for these positions to the House of Representatives. The appointment authority shall be in the hands of the Chamber of Deputies, and it can disable the authority of the Council of Ministers. And the constitutional legislator granted the President of the Republic the right to replace the Prime Minister in the event of vacancy for any reason whatsoever, This violates the rule Basic rules of parliamentary system, a dual executive.