Constitutional Regulation of the Legislative Authority's Power to Issue Fundamental laws

Abstract

This research examines the constitutional regulation of the legislative authority's competence to enact fundamental laws, which constitute one of the most significant categories of legislation complementing constitutional provisions and regulating public authorities, rights, and freedoms. The study aims to identify the authorities responsible for proposing, discussing, voting on, ratifying, and promulgating fundamental laws in France, Egypt, Iraq, and the Kurdistan Region of Iraq, while analyzing the constitutional procedures governing their enactment and distinguishing them from ordinary legislation.

The research adopts a comparative analytical approach through the examination of constitutional texts and relevant constitutional jurisprudence. It highlights the similarities and differences among the constitutional systems under study. The findings demonstrate that the legislative authority remains the primary body responsible for enacting fundamental laws; however, several constitutional systems grant the executive authority varying roles throughout the legislative process, including the right to initiate bills, object to legislation, or promulgate laws. The study further reveals that some constitutions, particularly the French Constitution, provide special procedural safeguards for fundamental laws, such as qualified parliamentary majorities and mandatory prior constitutional review. In contrast, the Iraqi Constitution and the Draft Constitution of the Kurdistan Region lack a comprehensive constitutional framework regulating such laws. The research concludes by emphasizing the necessity of strengthening the constitutional regulation of fundamental laws in a manner that ensures institutional balance, upholds constitutional supremacy, and protects fundamental rights and freedoms.