Document Type : Article
Authors
1 M.A in Public Law, University of Mazandaran, Babolsar, Iran
2 ; Associate Professor of Public Law, University of Mazandaran, Babolsar, Iran
3 Associate Professor of Public Law, University of Mazandaran, Babolsar, Iran
Abstract
Legislative initiation, in the sense of presenting a proposal for a new law or amending existing laws, is considered the first stage in the legislative process in any legal system. Based on the theory of separation of powers, the exercise of legislation power belongs to the legislative branch. However, nowadays it is accepted in parliamentary and semi-parliamentary systems that the executive branch can also play a role in initiating legislation. The legal systems of Iraq and Egypt are among the systems that have recognized the joint competence of the legislative and executive powers in the process of initiating legislation. In this context, Article 74 of the Iranian Constitution is worthy of attention as it is devoted to the issue of legislative initiative and the joint role of the legislative and executive powers in presenting draft laws. Using a descriptive-analytical method, this paper has tried to evaluate the evolution of the constitutional laws of Iraq and Egypt on this issue. The Paper aims to draw lessons from the Iraqi and Egyptian systems in terms of reforming the process of legislative initiative in Iran.
Keywords
- comparative constitutional law
- legislative initiation
- legislature
- legal bills
- constitutional law of Iraq
- constitutional law of Egypt
Main Subjects
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