نوع مقاله : پژوهشی
عنوان مقاله English
نویسندگان English
The resignation of the heads of the three branches of government (executive, legislative, and judicial) holds immense legal and political significance, given its direct impact on the stability of the system of governance and the continuity of state public services. This research addresses the legislative disparities, overlaps, and the shortcomings or ambiguities within the constitutional mechanisms governing vacancies in these leadership positions—specifically those resulting from voluntary resignation—across the legal systems of Iraq, Egypt, and Iran. The study highlights how constitutional and legislative drafters in these jurisdictions address the political crises arising from such resignations and assesses the efficacy of existing provisions in preventing institutional vacuums. The research primarily aims to analyze the comparative legal rules governing the submission of resignations, the competent authorities responsible for adjudicating and accepting them, and the resulting legal consequences and transitional arrangements within parliamentary systems (Iraq), presidential/semi-presidential systems (Egypt), and systems with unique characteristics (Iran). To achieve these objectives, the study employs a descriptive-analytical approach to examine constitutional and legal texts, as well as the internal regulations of parliaments and judicial bodies, alongside a comparative method to identify similarities and differences among the three systems. The research yields several key findings, most notably the existence of clear disparities regarding the flexibility of procedural constraints imposed on resignations. The Iraqi experience reveals complexities stemming from the *muhasasa* (sectarian/ethnic quota) system and political consensus-building. In contrast, the Egyptian system demonstrates greater institutional discipline, linking the acceptance of a prime minister’s or parliament’s resignation to specific authorities—such as the President or the House of Representatives—while the Iranian system is unique in operating under the authority of the Supreme Leader and the Guardian Council. The study concludes by recommending the closure of legal loopholes and the amendment of ambiguous provisions in the Iraqi Constitution to ensure a smooth, clearly defined transfer of duties upon the resignation of any head of a branch of government—mirroring the relative procedural clarity found in the Egyptian and Iranian models—thereby averting constitutional crises.
کلیدواژهها English