The Foundations of the Exercise of Executive Powers by the Prime Minister in Iraqi and Lebanese Law

Abstract

Abstract:

This research aims to elucidate the constitutional and legal basis for the executive powers of the Prime Minister under Iraqi and Lebanese law, define their scope and limits, and examine the extent to which their exercise is subject to constitutional, legal, and oversight controls, while highlighting the points of convergence and divergence between the Iraqi and Lebanese systems. The research is significant as it addresses the legal status of the Prime Minister as a key actor in the exercise of executive authority, exploring the balance between granting the powers necessary to manage state affairs and ensuring adherence to requirements of legality and accountability, thereby preventing the abuse of power or the exceeding of jurisdiction. The study employs a descriptive-analytical approach alongside a comparative method to identify similarities and differences between the Iraqi and Lebanese experiences. The findings indicate that the Prime Minister's executive powers in Iraq enjoy greater constitutional clarity—particularly under Article 78 of the Constitution, in conjunction with the Council of Ministers' powers outlined in Article 80—whereas the exercise of executive authority in Lebanon is grounded in a collective framework through the Council of Ministers, making the Prime Minister's powers more closely tied to the mechanism of collective government action. The research also demonstrates that parliamentary and judicial oversight, as well as independent oversight institutions, serve as essential safeguards against the overreach of authority; however, their effectiveness in both systems is influenced by political realities, partisan alliances, and political and sectarian balances. Consequently, there is a need to strengthen legal and oversight mechanisms to achieve a balance between the effectiveness of the executive authority and its adherence to constitutional and legal legitimacy.