The Effects of the Resignation of The Prime Minister on the Public Authorities in the State Under the Constitution of Republic of Iraq for the Year 2005

10.2478/bjlp-2022-002127

Abstract

It is a constitutionally recognized fact that the Prime Minister has the right to submit his resignation whenever he finds himself unable to achieve his government program as a result of political, partisan or other pressures, this resignation must organize its procedures according to the constitution and the law, since the prime minister in parliamentary democratic systems is one of the important sovereign positions that have a significant impact on the reality of political and governmental work and may reach Its effect is to dissolve Parliament according to the nature of its mandate on the basis of its nomination by the most numerous parliamentary bloc, and since the resignation of the Prime Minister leads to the resignation of the government and its transformation into a caretaker government restricted to daily work that it performs, this restriction may negatively withdraw from disrupting the work of other authorities and according to the constitutional provisions of each country. In Iraq, whose constitution for the year 2005 stipulates that the system of government is republican, representative, parliamentary and democratic, which means that it has adopted the parliamentary system based on the flexible separation of powers, cooperation and balance between them. In turn, it leads to the resignation of the entire government, which means that the effects of the resignation have significant repercussions on the work of other authorities And the institutions of the constitutional state. Therefore, the research was interested in studying that effect and how the texts of the Iraqi constitution dealt with it, with comparison to the constitutions of countries that adopted the parliamentary democratic system, and whether those constitutional treatments were sufficient, or did the political reality leave negative effects on the work of other authorities.