نوع مقاله : پژوهشی
عنوان مقاله English
نویسندگان English
This study analyzes the overlap of powers among the legislative, executive, and judicial branches within the Iraqi and Emirati legal systems, employing a comparative approach to understand the causes of this overlap and its impact on legal system stability. Such overlap poses a significant challenge to the principle of the separation of powers, potentially disrupting administrative decisions and undermining the effectiveness of the judicial system. In Iraq, Article 115 of the 2005 Constitution delineates the competencies of regions and governorates, creating conflicts with federal authorities—particularly regarding natural resource management. Conversely, in the UAE, Article 99 of the Constitution reinforces the role of the Federal Supreme Court in resolving disputes between judicial bodies, reflecting a more clearly defined regulatory framework. The study adopts a descriptive, analytical, and comparative methodology to examine relevant constitutional provisions and laws. The findings reveal challenges such as legal ambiguity regarding the demarcation of competencies in Iraq, whereas the UAE demonstrates a more effective approach to judicial coordination. The study proposes legal reforms to clarify competencies and strengthen judicial independence, thereby contributing to the stability of the legal system and the rule of law in both states.
کلیدواژهها English