The Role of Popular Sovereignty in the Dissolution of the Council of Representatives: A Comparative Study

Abstract

     Popular sovereignty constitutes one of the fundamental principles from which public authorities derive their legitimacy. It forms the cornerstone of modern democratic systems, as its effect is not confined merely to the election of the people's representatives, but extends to empowering the people to exercise oversight over them whenever they deviate from the fundamental principles enshrined in the Constitution. The popular will finds expression in the regulation of numerous constitutional matters, most notably parliamentary functions and parliamentary dissolution. The Constitution of the Republic of Iraq of 2005 has adopted indirect popular dissolution (parliamentary self-dissolution) and has established it as the sole constitutional mechanism for terminating the parliamentary term prior to its expiry. In contrast, the Constitution of the Republic of Latvia of 1922 has embraced direct popular dissolution by granting the electorate a direct role in determining the fate of Parliament through a popular referendum as one of the manifestations of semi-direct democracy. This study seeks to examine the constitutional dimensions and forms of popular dissolution and to distinguish it from related concepts. It further analyses the constitutional provisions governing this mechanism in comparative constitutional systems, with a view to assessing the possibility of drawing upon such experiences to develop the Iraqi constitutional framework in a manner that reinforces the role of popular sovereignty in overseeing parliamentary functions and achieves a balance between the stability of constitutional institutions and the people's right to monitor and hold the legislative authority accountable whenever it abuses the powers conferred upon it under constitutional provisions.