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March 27, 2026AL-Qadisiya Journal For Law and Political Sciences0 citations

Rules of procedure for the formation of the executive authority (Comparative Study)

ATAbbas Hamid TaherGDGhanem Abdul Dahsh

Key Points

  • The study aims to analyze the nomination processes and legal frameworks governing executive authority formation in different countries.
  • Comparative analysis of legal texts and nomination processes in various countries.
  • Examination of the Iraqi Constitution and its ambiguities regarding executive nominations.
  • Assessment of the role of the Federal Supreme Court in resolving disputes related to nominations.
  • Identified significant ambiguities in Iraq's constitutional texts governing executive authority formation.
  • Noted frequent recourse to the Federal Supreme Court to clarify nomination processes.
  • Highlighted variations in candidacy procedures and legal frameworks across different countries.

Abstract

The nomination process for positions of the executive branch is of a special nature and it is necessary to be subject to a set of legal controls that must determine the method of access of persons nominated for positions of executive authority. Whether with regard to the election of the President of the Republic or when appointing the President and members of the Council of Ministers, and accordingly, countries are keen on different systems, including Iraq to resort to the use of appropriate frameworks for the purpose of candidacy for these positions, by determining the time of candidacy and the procedures for candidacy for these positions, as it is not enough for these people to meet the legal conditions required to accept their candidacy.The problem of the research revolves around the shortcomings of the constitutional texts regulating the procedures for forming the executive authority and their ambiguity, since the Constitution of the Republic of Iraq for the year 2005 left the door open to interpretation and explanation with regard to the constitutional texts related to the election of the President of the Republic and the appointment of the Prime Minister and its members, which required the Council of Representatives to go frequently to the Federal Supreme Court to remove the ambiguity and controversy between the political parties.

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Cite This Study

Taher et al. (2024) studied this question.

synapsesocial.com/papers/69c61ff615a0a509bde1860ehttps://doi.org/10.63677/jqlap.2024.184988
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