The Right of the Head of State to Veto Bills
A Comparative Study
DOI:
https://doi.org/10.35246/jols.v38i1.600Keywords:
Constitution, Internal Regulation, Absolute Objection, Relative ObjectionAbstract
The legislative authority's approval of a project is not enough, as the state president's approval is crucial. If the president doesn’t approve the project within the period determined by the constitutions, it shall be returned to the parliament for further discussion and voting, Either by an ordinary or strict majority, according to the provisions of the constitutions of the countries. To explain the right of objection, we explained, in the First Topic, the definition and distinction, and we explained, in the Second Topic, the legal nature of the right of objection, its kinds, and its constitutional base. In the Third Topic, we discussed the conditions of the right of objection, its procedures, and its effects. Then, the conclusion that included the most important result is that the objection to laws projects is limited to the state president of the Federal Supreme Council and the state president in Egypt. , while it is not stipulated in the Iraqi Constitution, and that the objection to the laws projects didn’t have any reference to the reason behind objection or majority required for the second reading, and the recommendation regarding the suggestion of a constitutional amendment that organizes the objection right in a more detailed way and in a certain period
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References
First: The Books
i. Al-Sayyid, Abu Al-Hajjaj Abdel-Ghani, 2010, Ministerial Responsibility in Contemporary Positive Systems, Dar Al-Nahda Al-Arabiya, Cairo.
ii. Sabri, El-Sayed, 1944, Principles of Constitutional Law, 2nd Edition, Press of the Composition, Translation and Publishing Committee, Cairo.
iii. Badr, Ahmed Salama, 2003, the legislative competence of the head of state in the parliamentary system, a comparative study, Egypt - France - England, Arab Renaissance House, Cairo.
iv. Al-Badawi, Ismail, 1993, The Functions of the Executive Authority in the Islamic State and the Contemporary Constitutional Authority, 1st Edition, Dar Al-Nahda Al-Arabiya, Cairo.
v. Abu Zaid, Abdel Hamid, 2003, The Balance and Control of Powers, A comparative Study, with no place of publication.
vi. Met Wally, Abdel Hamid, 1975, Constitutional Law and Political Systems, 5th Edition, no place of publication.
vii. Abdullah, Abdel-Ghani Bassiouni, 2003, Abdel-Ghani Bassiouni, Political Systems, 4th edition, Mansha’at Al-Maaref, Alexandria.
viii. Fahmy, Omar Helmy, 2011, The Legislative Function of the Head of State in the Presidential and Parliamentary Systems, Dar Al-Nahda Al-Arabiya, Cairo.
ix. Barakat, Amr Fouad, without a year of publication, the political responsibility of the head of state in comparative constitutional systems, Cairo.
x. Khalil, Mohsen, 1979, Political Systems and the Lebanese Constitution, Dar Al-Nahda Al-Arabiya, Cairo.
xi. Abdel Wahab, Mohamed Refaat, 1996, Political Systems, University Press, Alexandria.
xii. Laila, Muhammad Kamel, 1971, Constitutional Law, Arab Thought House, Cairo.
xiii. Helmy, Mahmoud, 1974, The Constitution of the Arab Republic of Egypt and the Contemporary Arab Constitutions, Arab Thought House, Cairo.
xiv. Helmy, Mahmoud, 1970, General Constitutional Principles, Arab Thought House, Cairo.
xv. Fahmy, Mustafa Abu Zaid, 1969, The Parliamentary System in Lebanon, 1st Edition, Dar Al-Nahda Al-Arabiya, Beirut.
xvi. Fahmy, Mustafa Abu Zaid, 1958, The Egyptian Constitution, Mansha’at al-Maaref, Alexandria.
Second: Theses and Scientific Letter
i. Kazem, Sajid Muhammad, 1998, The Powers of the President of the State in Parliamentary Legislative Work, Comparative Study, PhD Thesis, College of Law, University of Baghdad.
ii. Morsi, Mohamed Rabie, No Publication Year, The Legislative Authority of the Head of State in Modern Systems, PhD thesis, Faculty of Law, Cairo University.
iii. Al-Dhafiri, Numan Faleh, 1997, the legislative competencies of the head of state in contemporary political systems with a special study on the history of Kuwait, PhD thesis, Faculty of Law, Cairo University.
iv. Abdul Karim, Yassin Muhammad, 2000, The Constitutional Center of the Head of State, PhD thesis, College of Law, University of Baghdad.
v. Al-Sami', Esraa Muhammad Badr Ali, 2010, the legislative competence of the head of state in the Arab parliamentary system, a comparative study, a master's thesis, College of Law and Political Science, University of Kufa.
vi. Ahmed, Barakat, 2008, The Legislative Functions of the President of the Republic in the Algerian Constitutional System, Master’s Thesis, Faculty of Law, University of Abu Bakr Belkaid, Algeria.
vii. Nassif, Bakr Amer, 2016, The right of the head of state to veto laws in the parliamentary and presidential systems - a comparative study - a master's thesis, Faculty of Law, University of Alexandria.
viii. Al-Moussawi, Shawq Saad Hashem, 2008, the legislative competence of the head of state in the parliamentary system, a comparative study, Master's thesis, College of Law, Al-Nahrain University, Iraq.
ix. - Al-Saadi, Hamid Hanoun, 2004, The Powers of the Head of State to Object to Draft Laws, Iraqi Comparative Law Society, Comparative Law Journal, No. 35.
Third: Constitutions, Laws, and Regulations and meeting minutes
i. The Constitution of the United Arab Emirates of 1971
ii. II- The Constitution of the Kingdom of Bahrain for the year 2002
iii. III- The Constitution of the State of Egypt for the year 2014
iv. IV- Decree-Law No. 54 of 2002 regarding the internal regulations of the Bahraini Parliament.
v. V- Decree-Law No. 55 of 2002 regarding the internal regulations of the Bahraini Shura Council.
vi. VI- Bylaws of the Federal National Council No. 4 of 1972 of the United Arab Emirates
vii. VII - The internal regulations of the Federal Council of Ministers of the United Arab Emirates for the year 1972
viii. VIII- Bylaws of the Egyptian House of Representatives No. 1 of 2016
ix. IX - Minutes of the eighteenth session of the sixteenth legislative term of the second ordinary session, in the session in a series since the beginning of Parliamentary life No. (569 / F 16 / b) of the Federal National Council held on Tuesday 11 Ramadan 1438 AH corresponding to June 6 of 2017, item 5
x. X- Minutes of the second session of the sixteenth legislative term of the first ordinary session, session number sequential since the beginning of Parliamentary life No. (540 / F 16 / A) of the Federal National Council held on Tuesday, 11 Rabi’ al-Awwal for the year 1437 AH corresponding to December 22, 2015.
xi. XI- Minutes of the House of Representatives of the Kingdom of Bahrain, third session, fourth legislative term, regular session No. 37 on 4/7/2017
xii. XII- Constitutional Interpretation issued by the Federal Supreme Court No. 1 of Judicial Year 2, session of April 14, 1974.
Fourth: Foreign References
i. Lowi, Theodore J. & Ginsberg, Benjamim & Kenneth& Ansolabehere, Stephen, 2017, American Government Power and Purpose Core Fourteenth edition, Printed in the United State of America.
ii. Burdeau, George, 2001, Francis HAMON et Michael TROPER, Droit Constitutionnel Paris, L.G.D.I, 27e ed.
iii. 11M. Duverger. 1966, Institutions politiques et droit constitutionnel. 9eme édition.Paris.
iv. François lu chaire. Gérard Conac, 1979, La constitution de la république française, V1, Economica, Paris.
v. de malberg , Carre: 1920, Contribution ala theorie generale de Letat- Tom premier-Paris.
vi. St Smith, Steven S. & Roberts, Jason M. & Wielen, Ryan J. Vander: 2011, The American Congress, Cambridge University Press, Seventh Edition.
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