The role of Parliament in organizing the procedures for selecting the head of state (comparative study)

Volume 16, Issue: 1 part 1
Winter 2025
Pages 175-190

Document Type : Research Paper

Author

College of Law / University of Mosul

Abstract
The constitutions of some countries tended to make the selection of the head of state by the parliament, whether the parliament was composed of one chamber or two chambers, considering him a representative of the people, by carrying out the selection process, which is a set of legal procedures and actions that can be limited to two stages: The nomination stage and the election stage And organizing the procedures for selecting him by Parliament in accordance with the effective Iraqi Constitution of 2005 to clarify the relationship between the President of the Republic and the House of Representatives in Iraq, as well as the role of Parliament in selecting the President of the Republic in accordance with the American Constitution of 1787.
The Constitution referred everything related to the provisions of nomination for the position of President of the State to a law issued in this regard by the House of Representatives, and this matter may lead to a disruption of the actual balance between the executive and legislative authorities, because this matter places the President of the Republic in a weak position politically before the members of Parliament because they are the reason for his selection and his arrival to his position, and this situation is completely inconsistent with the foundations of the parliamentary system, and it may even change the constitutional nature of the political system and make it closer to the assembly government system, due to the disruption of the balance rule.

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  • Receive Date 04 December 2024
  • Accept Date 01 January 2025