The legislative role of the executive authority in normal circumstances in Iraq

Abstract

Abstract

The executive authority has a set of means that allow it to intervene in the legislative process, which is originally the jurisdiction of the legislative authority. These means are distributed between the two bodies of the executive authority, i.e. the President of the Republic and the Prime Minister, where each of them plays a legislative role, either individually or jointly, which contributes to supporting the legislative process and enhancing cooperation between the two authorities (1). Based on the above, they will be addressed in this chapter; and based on the above, we will address in this chapter the role of the executive authority within the scope of ordinary legislation in the first section, while we will devote the second section to addressing the role of the executive authority within the scope of subsidiary legislation.

 The research revealed that the executive authority can encroach upon the legislative authority within the scope of subsidiary legislation due to the lack of clear legal rules that would prevent the usurpation of power. The consequences of the usurpation of power and the encroachment of the executive authority at the expense of the legislative authority include the loss of individual rights through the executive authority issuing regulations or instructions that would empty the law of its content.