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The failure of the parliamentary system in Iraq and the possibility of adopting the presidential system

The failure of the parliamentary system in Iraq and the possibility of adopting the presidential system

The failure of the parliamentary system in Iraq and the possibility of adopting the presidential system

Dean of the College of Imam Al-Kadhim (pbuh), Dr. Ghani Zughair Atiya Al-Khaqani

In light of the failure of the parliamentary system in Iraq, what is the optimal alternative that will ensure that all the ill effects , failures and weaknesses of the parliamentary system are addressed? The answer to this question will be in the proposal to adopt the presidential system as a political system as an alternative to the current parliamentary system.

The parliamentary system is one of the systems in which political parties play a major role, which may be positive or negative, or it may be possible both, and with all the advantages that are said to be available in this system. , It is not without its weaknesses and faults that could overthrow it, especially in countries characterized by social diversity, such as Iraq

The parliamentary system cannot guarantee the process of political stability in the country, in addition to the possibility of chaos spreading in the country following the possibility of conflicts between the executive and legislative branches within the parliament.

The result that cannot be disputed is the failure of the parliamentary system according to the model established by the 2005 Iraqi constitution and for many reasons, including strengthening the parliament in an exaggerated manner, as the constitution gave it a distinction in many of the powers , in addition to the coming of its general texts in many places so that She left all the details to the legislation. Although it is acceptable to focus the constitution on drawing general features for the rest of the state’s institutions as well as the parliament, the constitution of Iraq has given the House of Representatives increased powers to interfere by defining the basics of forming other constitutional institutions such as the Federation Council, independent bodies, and the Federal Court, are extremist in allowing Parliament to define the shape Even the basic governmental structures (the Federal Court, the constitution also granted the House of Representatives, and the Constitution has granted this council many legislative powers in the area of ​​legislating regular and financial laws in addition to terms of reference within the field of work of the executive and judicial branches.

Then there is the issue of self-dissolution of parliament, which is a prominent problem in the 2005 constitution. The solution is an effective means in any parliamentary system based on a balance between the legislative and executive branches. And it corresponds to the weapon of withdrawing confidence from the government, so that we have the concept of (the authority stops the authority), and this violated the political balance between the parliament and the government, and the government became subject to almost complete submission to the directives of the parliament. However, the more the Prime Minister enjoys the support of the majority, the safer his position; but if he loses this support, his position becomes very weak. The position of the Prime Minister regarding Parliament is largely determined by the position of the party itself in Parliament, and in the event that his party does not obtain a majority, the opportunity to form a coherent government away from partisan conflict becomes very slim, which is why modern democracies depend on rule Majority, but in the Iraqi political system, the majority was not strong enough to make its way and this case was the result of two main factors: the multi-party system and the proportional representation system (PR). Iraq is one of the most diverse countries, and many politicians and researchers consider that the form of a consensual government is in the interest of the Iraqi political system, but this consensual democracy is responsible for the complete failure of democracy in Iraq, and has left a negative impact on the Iraqi parliamentary system at all levels, it has given the opportunity For all parliamentary blocs to obtain stakes in the government while retaining an opposition seat, and this negatively affected the role of the Prime Minister in his administration of his government, and this situation could be clearly identified through the Prime Minister’s inability to hold his ministers accountable or replace them, as the minister often hurries He sees the embrace of his political bloc and his political party, which does not refrain from defending their failed minister and justifying his mistakes and actions while in the office, and therefore the Iraqi Prime Minister has no kind of control over the ministers. He cannot recommend that any minister who is found to be deficient be excluded, or corruption has been proven in the management of his ministry, as this would pose a threat to consensus within the House of Representatives and might push the rest of the political blocs to move towards the threat of withdrawing confidence from the Prime Minister to defend its ministers and prevent the Prime Minister from providing any A recommendation to reject any minister.

The attempt to reform the parliamentary system is possible in the event that the current electoral system is abandoned, and the adoption of an electoral system capable of creating a political majority. The political majority is the way towards forming a strong and homogeneous government that is able to work and find solutions to all the country’s suffering from various tribulations and crises, but this is The matter does not seem to be as easy as it is put forward. The Iraqi arena, politically and socially, does not contain the necessities of abandoning sectarian partisanship. Therefore, it is not easy to impose an electoral and party system based on the pillars of the majority and the political opposition.

Therefore, we are inclined towards the second solution, which is the adoption of the presidential system, especially after the chaos of the multiple leaders and political authorities that have emerged and have been established under the current parliamentary, electoral and partisan system in Iraq. Iraq’s exit from the era of individual domination and the rule of the individual leader, does not mean that a political system such as presidential systems cannot be adopted, which leads to the arrival of a strong head of state who is able to make decisions in exchange for constitutional and popular guarantees, working to prevent the deviation of power towards a dictatorship, and to implement that there is a whole One of the treatments that must be taken, including constitutional remedies and the constitutional amendment, is closer to adopting a new constitution, because the presidential or semi-presidential system requires many elements that include granting the President of the Republic broad powers in various fields. The constitution was adopted to separate the powers according to the presidential model, capable of providing basic guarantees for public rights and freedoms, as the President of the Republic independently administers the executive authority With complete independence

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