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The Balance Between the Legislative and Executive Authorities in the Constitutional System: A Comparative Study Between Iraq and Egypt
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Mohammad Setayeshpur1   , Zahra Majid Abdullah Al-Obaidi2 |
1- Associate Professor, Faculty of Law, University of Qom, Qom, Iran.
2- PhD Student, Faculty of Law, University of Qom, Qom, Iran. |
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Abstract: (5 Views) |
This comparative study aims to dissect and analyze the mechanisms of constitutional balance between the legislative and executive authorities in the Republic of Iraq and the Arab Republic of Egypt. It evaluates the effectiveness of mutual legal instruments granted to each authority, diagnoses practical imbalances resulting from political practices, and highlights the role of constitutional judiciary in protecting and maintaining the rules of this balance. To achieve these objectives, the research adopts the analytical method to deconstruct the constitutional provisions of the 2005 Iraqi Constitution and the 2014 Egyptian Constitution, the comparative method to highlight the similarities and differences between the Iraqi parliamentary model and the Egyptian mixed model, alongside the judicial approach to examine the rulings of the Federal Supreme Court and the Supreme Constitutional Court. The study reached several key findings, most notably the existence of a fundamental divergence in the written philosophy of balance; the Iraqi system textually leans toward empowering parliament through oversight tools and direct votes of no confidence, whereas the Egyptian system grants a stronger legal weight to the executive branch and the presidency through the right of veto, dissolution, and control over legislative sessions. Furthermore, the study revealed that practical application produced tangible imbalances in both countries. In Iraq, political consensus and quota-based practices weakened the effectiveness of parliamentary accountability tools, while in Egypt, the parliamentary majority and the expansion of governmental initiatives shifted the legislative center of gravity toward the executive apparatus. Finally, the research established the pivotal role of the constitutional judiciary as the fundamental safeguard for re-establishing boundaries between the two authorities and closing textual loopholes to prevent authoritarian encroachment.
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| Keywords: Arbitration, Partnership Agreement, Arbitration Valuation System. |
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Full-Text [PDF 689 kb]
(3 Downloads)
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Type of Study: Research |
Subject:
Special
Received: 2026/09/18 | Revised: 2026/09/18 | Accepted: 2026/09/24 | Published: 2026/09/24
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