Indirect effects of parliamentary oversight of the caretaker government (comparative study)

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Published: Jan 9, 2025
Keywords:
(indirect effects, parliamentary oversight, caretaker government ,referral)

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Mahdi Abbas Manea
Rahim Hussein Musa

Abstract

The issue of organizing the referral as an effect, even if indirect, of parliamentary oversight of the caretaker government was not given the necessary attention, as most of the constitutions and legislations issued under them were silent about organizing their provisions, which opened the door for jurisprudence and the judiciary to express an opinion on the importance of that referral and its extent of usefulness for the caretaker government, taking into consideration the special nature of the caretaker government and the characteristics it has that distinguish it from other governments. Perhaps this is what prompted many to ask about the existence of an effect of parliamentary oversight on the caretaker government? Can members of parliament refer to those competent bodies and courts? What is the appropriate method for that referral? Especially since the legislator did not include a text that permits or prohibits parliamentary oversight of the caretaker government. At the end of the study, we reached a number of results and recommendations, the most important of which was that it became clear to us that the parliaments have a fundamental and important role in referring any violations or transgressions of the caretaker government that they discover to the competent oversight bodies or the constitutional judiciary, each according to its jurisdiction. We called on the Iraqi Council of Representatives to include in its internal regulations a text that clearly and explicitly explains the correct method of referring to the competent oversight bodies

Article Details

How to Cite
Abbas Manea م. ., & Hussein Musa ر. . (2025). Indirect effects of parliamentary oversight of the caretaker government (comparative study). MIsan Journal of Comparative Legal Studies, 1(12), 408–433. Retrieved from https://uomisan.edu.iq/law/mjcls/index.php/mjcls/article/view/368
Issue
Vol. 1 No. 12 (2025): MIsan Journal of Comparative Legal Studies
Section
Articles

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