The Legal Effect of the Head of State's Objection to Draft Laws in Parliamentary Systems


  • Jasim M. Shallal


The head of state - the parliamentary system - the right of ratification - the right to object to bills


The right to object to bills is one of the most important means of mutual control between the legislative and executive authorities in the parliamentary system, in addition to its important role in achieving the foundations of balance between them. Since it is not only considered a shield to protect the privileges of the executive authority from the abuses of the legislative authority, but it constitutes a sufficient guarantee against the enactment of improper or defective laws, the legislature is not immune to error. The right to object to bills is the constitutional right owned by the head of state as head of the executive authority, and accordingly it authorizes him to refrain from ratifying bills approved by the Legislative Council, which would prevent or delay the issuance of the law permanently, and therefore it is considered a dangerous and effective weapon in the work Parliament, not only by resorting to it, but merely threatening to use it may suffice and cause Parliament to reverse its position. Although the purpose of approving the right of objection is to protect the nation from the enactment of improper or defective laws, the abuse of this right by the president may, in turn, lead to the abort of many good and necessary legislations for the renaissance of this nation, which confirms the need to encompass the use of this right more closely. Some guarantees that prevent its abuse, especially in light of the parliamentary system that exempts the head of state from any political responsibility.