Parliaments’ Roles in Proposing and Approving Constitutions: A Comparative Study of the Iraqi (2005) and French (1958) Constitutions

Abstract

The majority of modern democracy constitutions agree on adopting the standards of separation of powers by defining the limits and the function of each sake holder from the state’s authorities. Accordingly, the constitution explained in writing message that “the rules of each authority indicating how it is implemented and its relations with other authorities in way that does not accept jurisdiction delegation، and it is recognized that the authority Legislature in democratic countries often consists of one or two chambers, according to the system of those countries. Among the competencies that parliament in most democratic countries has is the founding jurisdiction through its contribution to the development of the supreme law in the state, which is the constitution by proposing its draft as an agent or deputy On behalf of the people, in addition to discussing and approving the constitutional amendments in accordance with the methods laid down in the constitution in order to achieve the principle of democracy in power practices. A general constitutional referendum in order to obtain people approval that constitution, we have used in our research the comparative analytical method between both the Iraqi constitution of 2005and the The French Constitution 1958, with strengthening of research with some constitutional systems supporting the subject of our project، And we reached the role that the parliament plays in both Iraq and France in drafting and approving the constitution, deducing from this that the role played by the Iraqi parliament in the process of establishing and approving the constitution is more than the role of the French parliament, since the executive authority in France is in the hands of the head of state that outweighs the role of parliament Through our research, we recommend that the people be involved in the process of preparing the draft constitution.