Comparing the parliamentary system of Iraq with the legal system of the Islamic Republic of Iran

Abstract The purpose of this research is to investigate and analyze the parliamentary system of Iraq and compare it with the legal system of the Islamic Republic of Iran. One of the important features of the Iraqi political system is the parliamentary system, which the constitution of this country has approved. The parliamentary system is derived from the experience of eight centuries of British rule. In parliamentary systems, the parliament elected by the people is responsible for the initiative in legislation, the formation and development of the executive branch and its effective supervision. In this way, the legitimacy of the system is in the hands of the parliament. Parliament is at the top of affairs and there is no authority above it. In the parliamentary system, the separation of powers is relative. The requirement to guarantee democracy in the parliamentary system is the participation of all parties and groups in the society. Although Iran and Iraq are neighbors, the system of the Islamic Republic of Iran follows the presidential system. The Constitution of the Islamic Republic of Iran has accepted the system of separation of powers (in Article ۵۷) under the supervision of the Velayat-e-Faqih. Because, on the one hand, according to principles ۸۷ to ۸۹, government ministers need a vote of confidence from the parliament and are accountable for it, and on the other hand, according to principle ۱۱۴, the head of the executive branch is elected by popular vote. The findings of the research show that there are differences between the two ruling systems of Iraq and Iran, such as the dissolution of the executive and legislative branches by each other, the introduction of the head of the legislative branch by the parliament, although on the other hand, there are similarities such as the president being responsible for The parliament, the independence of the executive and the legislature can be emphasized against each other.

Keywords:

parliamentary system , presidential system , parliament , assembly , separation of powers , Iraq , Islamic Republic of Iran. , نظام پارلمان , نظام ریاستی , پارلمان , مجلس , تفکیک قوا , عراق , جمهوری اسلامی ایران.