Mosul Technical Institute organizes a scientific symposium on Crimean-Congo fever, viral hemorrhagic fever
2022-05-21
The President of the Northern Technical University honors the university’s creators
2022-05-21
Mosul Technical Institute organizes a scientific symposium on Crimean-Congo fever, viral hemorrhagic fever
2022-05-21
The President of the Northern Technical University honors the university’s creators
2022-05-21
Show all

A teacher at the Northern Technical University obtains a doctorate in public law for his thesis tagged: “The Problem of the Constitutional Organization of the Presidential Candidacy in Iraq / A Comparative Study”

The teacher at the Kirkuk Technical Institute, Mr. Swash Shaheen Ibrahim, obtained a doctorate for his thesis entitled: “The Problematic of the Constitutional Organization of the Presidential Candidacy in Iraq / A Comparative Study”.

The discussion committee consisted of professors:

Prof. Dr. Fawzi Hussein Salman/ University of Kirkuk/ College of Law and Political Science/ President

Prof. Dr. Majid Najm Aidan/ University of Kirkuk/ College of Law and Political Science/ Member

Prof. Dr. Hisham Jamil Kamal/ Tikrit University/ College of Law/ Member

Assistant Professor Dr. Yamama Muhammad Hassan/ Al-Mustansiriya University College of Law/ Member

Assistant Professor Dr. Akab Ahmed Muhammad/ University of Kirkuk/ College of Law and Political Science/ Member

Assistant Professor Dr. Adnan Qadir Aref/ University of Kirkuk/ College of Administration and Economics/ member and supervisor

The study discussed the historical approach to monitoring the issue of presidential candidacy through different times and places in people’s lives. He placed the issue of presidential candidacy in a position of paradox and legal distinction from cases and concepts similar to it. Determining the subjectivity of presidential candidacy in two axes, the first highlights the legal nature, and the second shows the characteristics of the presidential candidacy. And that the study also dealt with the distribution of the impact of the roles of parliamentary, mixed, and presidential systems on presidential candidacy and the effectiveness of political systems, determining the positions of the constitutions of Arab and Western countries in regulating the issue of a presidential candidacy, clarifying the role of political parties in presidential candidacy, and evaluating judicial and international control over the nomination process and presidential election.

The researcher concluded that the historical approach to presidential candidacy in accordance with constitutional legitimacy was based on an authoritarian conception of the ruler’s personality, as holiness in theocratic theories justified the absolute rule of the ruler, and that the development of the legal situation around the concept of the presidential candidate is that it carried two dimensions, a dimension based on shura, and a second dimension that embodied means capable of exercising Religious legitimacy in choosing the ruler, and this was followed by the Rightly Guided Caliphs (may God be pleased with them) after the death of the greatest Messenger Muhammad (may God bless him and grant him peace(,The political and social conditions of each country varied, and according to its constitutional systems, the democratic reality prevented the assigning of authority to the head of the state. Her own.

The researcher recommended activating Article (48) of the Constitution of the Republic of Iraq in force for the year 2005, as this article defines the legislative authority in the state in the House of Representatives and the Federation, and on this basis, the head of state is elected after amending Article (61) of the Iraqi constitution, which is preferably according to the following formula “The House of Representatives and the Union are responsible for electing the President of the Republic,” and amending Article (70/First) to be as follows: “The House of Representatives and the Union elect from among the candidates a President of the Republic by a two-thirds majority of its members.” We believe that the amended Article (68) should be in addition to the following form: “A candidate for the presidency of the Republic is required to have a higher university degree recognized by the Ministry of Higher Education and Scientific Research in Iraq” to be eligible to exercise his constitutional powers stipulated in Article ( 73) of the Iraqi constitution in force for the year 2005, which enables him to external political representation, and regulates the issue of the inability of the President of the Republic to carry out his work duties, and determines the party that has the right to request a declaration of incapacity, report and appeal against it, by adding a paragraph to Article (72) of the Iraqi constitution in force for the year 2005 is formulated as follows: “In the event of the president’s inability to perform his duties, the Vice President of the Republic shall replace him. Supreme”.

Comments are closed.