The Judicial Review of Law-Making Process in Iraq under the Constitution of Republic of Iraq-2005

Abstract

The law-making process as a whole vested in the legislative power in the presidential form of government, however in the parliamentary form of government, the executive power participates in the law-making through introducing bills along with legislative initiatives. The Constitution in Iraq grants an original authority to legislate federal laws to the Council of Representatives, however the executive power namely the President and the Council of Ministries participates in the process through introducing government bills to the Council of Representatives. Although the Constitution clearly identifies two methods through which bills shall be presented to the Council of Representatives, there have been disagreements over the constitutionality of laws legislated based legislative initiatives not government bills. The Federal Supreme Court has decided differently on different occasions by depriving the legislative power of its right to initiate in some cases or by putting restrictions in some other cases. This research analyzes the line drawn between the Council of Representatives and the executive power in the process of law-making at its first stage and then examines the Federal Supreme Court’s understanding in the light of the text of the Constitution.