Legal evaluation of the nature of the legislative role of the financial bills proposed by the parliamentary committees in the Iraqi parliament

Authors

  • Qasim Mohsen Badawy College of Law - University of Baghdad
  • Assistant Professor Doctor Ammar Fawzi Kazem Al-Mayahi College of Law - University of Baghdad

DOI:

https://doi.org/10.35246/kw5x0712

Keywords:

legislative role, financial bills, the parliamentary committees, Iraqi parliament

Abstract

The current research aims to identify the legal evaluation of the nature of the legislative role of the financial bills proposed by the parliamentary committees in the Iraqi parliament، where the problem of research in the tasks of the Iraqi parliament is to monitor the work of the executive authority، either individually or collectively، in order to verify the The extent to which the executive authority properly implements the state’s general policies، and conducts a kind of political control over its work. The importance of research lies in the fact that setting supreme controls in society، such as the right to legislation، is the most important aspect of sovereignty in the state. In the modern state، parliamentary councils enjoy sovereignty according to the theory of the nation’s sovereignty، which makes parliaments an almost absolute legislative authority، bound only by what the constitution restricts them to، which expresses the will of the nation. As well as the comparative approach between laws.

 The researcher reached a set of the following conclusions and recommendations:

 

  1. Legislative work requires time and depth in research، study and review of the various aspects and implications of the subject
  2. Parliamentary committees have become، as a result of practical necessities، and in response to the large increase in the preparation of important legislation for the modern state.
  3. Granting some powers to the President of the Republic، represented by the executive authority، in order to create a balance between the two heads of the executive authority
  4. We suggest reducing the number of parliamentary committees، as an increase in the number of these committees reduces their effectiveness، and the large number of them leads to a conflict between these committees on the subject of jurisdiction.

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References

المصادر

Sources

I. Abdel-Wahab, Haider, 2013, A Study of the Problem of Public Budget Delay, Journal of Legal Studies, House of Wisdom, Baghdad.

II. Dr.. Abdel Wahed, Al-Sayyid Attia, 2000, Principles and Economics of Public Finance, Dar Al-Nahda Al-Arabiya, Cairo.

III. Dr.. Ahmed, Jihan Hassan Sayed, 2002 AD, The Role of the Legislative Authority in Oversight of Public Funds, Cairo, Dar Al-Nahda Al-Arabiya.

IV. Al-Zahawi, Sirwan, 2014, Financial Control of the Implementation of the General Budget in Iraqi Law, printed by the House of Representatives, Media Department.

V. Al-Tabtabai, Adel, 1985, The legislative authority in the Arab Gulf states, its origins, development, and factors affecting it, Gulf and Arabian Peninsula Studies, Al-Quwaib.

VI. Al-Sabkan, Abdel-Al, 1967, The Budget and Direct Taxes in Iraq, A Study in Iraqi Financial Legislation, Al-Ani Press, Baghdad.

VII. Ghailan, Othman, 2005, The Principle of Tax Legality in Direct Tax Legislation in Iraq, PhD thesis, Al-Nahrain University.

VIII. Al-Janabi, Ali, 2015, Oversight of the General Budget, Day of Financial Supervision.

IX. Al-Sawy, Ali, 2010, Guide to the Representative in Parliament, Some Established International Norms in Parliamentary Work, Egyptian Society for the Spread and Development of Cultural Awareness, Cairo. Mr.

XI. Al-Daraji, Muhammad Raad, 2016, Financial Powers of Parliament, Modern University Office, Alexandria.

XII. Badawi, Tharwat, 1999, Political Systems, Arab Renaissance House, Cairo.

Legal materials and terms:

I. The third clause of Article (87) of the Iraqi Council of Representatives.

II. The second clause of Article (87) of the Iraqi Council of Representatives.

III. Clause Six of Article (94) of the internal regulations of the Iraqi Council of Representatives.

IV. Article (60) of the effective Constitution of the Republic of Iraq for the year (2005).

V. Article 123 of the internal regulations of the Iraqi Council of Representatives

VI. Article (112) of the internal regulations of the Iraqi Council of Representatives.

VII. Article (115) of the internal regulations of the Iraqi Council of Representatives

VIII. Article (120) of the internal regulations of the Iraqi Council of Representatives

IX. Article (120) of the internal regulations of the Iraqi Council of Representatives.

X. Article (121) of the internal regulations of the Iraqi Council of Representatives

XI. Article (128) of the House of Representatives’ internal regulations

XII. Article (129) of the internal rules of the Iraqi Council of Representatives.

XIII. Article (130) of the internal regulations of the Iraqi Council of Representatives.

XIV. Article (130) of the internal regulations of the Iraqi Council of Representatives.

XV. Article (135) of the internal regulations of the Iraqi Council of Representatives.

XVI. Article (60) of the effective Constitution of the Republic of Iraq for the year (2005).

XVII. Article (75) Clause Four of the internal regulations of the Iraqi Council of Representatives.

XVIII. Article (81) Clause Two of the internal regulations of the Iraqi Council of Representatives.

XIX. Article (87) of the internal regulations of the Iraqi Council of Representatives.

XX. Article (93) and (94) of the internal regulations of the Iraqi Council of Representatives.

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Published

2023-12-25

How to Cite

Badawy, Qasim, and Ammar Al-Mayahi. 2023. “Legal Evaluation of the Nature of the Legislative Role of the Financial Bills Proposed by the Parliamentary Committees in the Iraqi Parliament”. Journal of Legal Sciences 38 (2): 769-94. https://doi.org/10.35246/kw5x0712.

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