Journal of college of Law for Legal and Political Sciences

Abstract

This research aims to study one of the competences entrusted to the President of the Republic of Iraq according to the Constitution of 2005 which is (the president’s competence to ensure compliance with the constitution). The research starts this by determining the influence of adopting parliamentary system on the competences of the presidents in general and in Iraq in particular, the research reviews also the nature of the aforementioned competence, its limits, ways of practicing it and clarifies the intention of the constitutional legislator about assignment such competence to the President of the Republic, and after that the research shows the truth of that competence and whether it exists practically or is it just a beautiful vocabulary but without meaning.The research concludes that Article (67) which stipulated that competence for the president of the republic required that the president exercise it in accordance with the constitution, but the same constitution was devoid of these provisions that should regulate the competence and indicated the tools and occasions for exercising it. This has made the competence merely an allegation without basis for regulation, limitation, or even existence. This prompts us to say; if the constitutional legislator wishes really to adopt that competence, the he has to organize and guarantee it, if not, he has to remove the competence, this is rather than mentioning hollow competence.