伊拉克议会监督的历史和现状

Ammar Raad Ali Jihad
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引用次数: 0

摘要

伊拉克宪政现象历来引起研究人员的怀疑。这不仅是因为伊拉克宪政在历史上面临重重困难,还因为研究人员认为伊拉克缺乏对宪法进行法律保护的有效机制。在这些机制中,伊拉克的议会控制制度及其历史前身在俄罗斯宪法学者中几乎没有涉及,这就决定了本研究的相关性。研究对象是伊拉克议会控制的历史和现状。作者提出了自己的伊拉克建国史时期划分,分析了每个确定的历史时期议会控制权法律规定的主要来源,还参考了适用宪法规定的实践评估和同时代人的评估。研究方法是在宪法学者评估的基础上,对议会控制权的相关规范性规定和宪法规范的实际执行情况进行分析。作者得出结论认为,伊拉克的议会控制制度产生于奥斯曼帝国末期,并在二十世纪上半叶得到加强,之后由于政治、意识形态和法律原因被废除。作者分析了伊拉克议会控制制度的现状,包括现代议会的非典型控制权。作者认为,这些权力的出现是立宪立法者对人民代表机制一贯受到压制的一种反应,但这导致了议会在伊拉克三权分立制度中作用的激进化。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
History and current state of parliamentary oversight in Iraq
The phenomenon of Iraqi constitutionalism traditionally arouse skepticism among researchers. This is due not only to the historical difficulties faced by Iraqi constitutionalism, but also to the lack, according to researchers, of effective mechanisms for legal protection of the constitution. Among such mechanisms is the institution of parliamentary control in Iraq and its historical predecessors that has received virtually no coverage among Russian constitutional scholars, which determines the relevance of the study. The object of the study is the history and current state of parliamentary control in Iraq. Having proposed his own periodization of the history of Iraqi statehood, the author analyzes the main sources of legal regulation of parliamentary control in each of the identified historical periods, also referring to the assessments of applying constitutional provisions practice and assessments of contemporaries. The research method is the analysis of relevant normative regulation and practical implementation of constitutional norms on parliamentary control based on the assessments of constitutional scholars. The author concludes that the institution of parliamentary control in Iraq emerged in the late Ottoman era and strengthened in the first half of the XX century, after which it was dismantled for political, ideological and legal reasons. The author analyzes the current state of the institution of parliamentary control in Iraq, including atypical control powers of modern parliament. According to the author, their emergence is a reaction of the constitutional legislator to consistent oppression of mechanisms of popular representation, which, however, led to radicalization of the role of parliament in the system of separation of powers in Iraq.
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