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May 15, 2026Journal of Anbar University for Law and Political Sciences0 citationsOpen Access

Resolutions of the Iraqi parliament and how far they are binding to the executive branch

AHAssistant lecturer .Ruqaya Adil Hamzah

Key Points

  • The research aims to evaluate the binding nature of parliamentary resolutions on the executive branch and identify constitutional challenges.
  • Inductive-analytic approach to analyze parliamentary resolutions
  • Investigation of compatibility with constitutional articles
  • Consideration of Federal Supreme Court resolutions
  • Parliamentary resolutions are valid when voted by a simple majority after obtaining a quorum
  • Resolutions must adhere to constitutional guidelines to be enforceable
  • Confusion exists regarding the applicability of certain resolutions despite majority votes

Abstract

In addition to its oversight rule and its role in issuing federal legislation, the parliament performs another work, which is issuing Resolutions based on its constitutional powers. The parliament occasionally issues resolutions, but some of these raise a number of legal and constitutional problems regarding the viability of the parliament to issue them and how far they are mandatory, Recently the parliament has issued a number of resolution that are marked with a sort of confusion, and some of them have not seen light despite of being voted upon by the majority of the parliament members. Can the issued parliamentary resolution be ineffective and nonexistent after it has been voted upon in the parliament? And how such a resolution can be differentiated from the right one? The current study adopted an inductive -analytic approach in the analysis of the parliamentary resolutions and it investigated the extent to which these resolutions are compatible with the articles of law and constitution taking in consideration the resolution of the relevant Federal supreme court. The study came up with a number of findings and recommendations. One of the major finding is that the parliamentary resolutions is valid only when it is voted upon by the simple majority after a quorum is obtained within the parliament. Another finding is that the parliament’s issuing of resolutions is governed by the constitution, and the parliament is not authorized to issue whatever resolutions without referring back to the constitution and law.

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Cite This Study

Assistant lecturer .Ruqaya Adil Hamzah (2022) studied this question.

synapsesocial.com/papers/6a06b7a1e7dec685947aa6f7https://doi.org/10.37651/aujlps.2022.171544
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