American Journal of Research in Humanities and Social Sciences ISSN (E): 2832-8019 Volume 23, | April - 2024 P a g e | 42 www.americanjournal.org THE IMPACT OF CONSTITUTIONAL OVERSIGHT ON THE SOVEREIGNTY OF PARLIAMENT Mohammed Hashem Mohammed Al-Hussainawi Southern Technical University, Technical Institute, Shatra, Iraq Mohammed.hashim@stu.edu.iq A B S T R A C T K E Y W O R D S The Constitution imposes restrictions on the political system in countries, as the authorities cannot exceed the powers specified for them and stipulated in the Constitution. All authorities must cooperate in a balanced manner to fulfill the function of the state and guarantee the rights and freedoms of individuals, without one of them interfering in or controlling the work of the other. If any authority exceeds its constitutional limits, the Constitution imposes sanctions on it within the political system. Political systems vary in their organization and types (presidential, parliamentary, representative assembly, or mixed) in determining aspects of cooperation and balance between authorities or in separating them from each other. Constitutional documents include the means to achieve these goals, which are mechanisms for mutual oversight between the legislative and executive authorities. Constitutional jurisprudence reflects this balance, and its application differs between parliamentary and presidential systems . Therefore, it is important to study the impact of constitutional review on the work of the executive and legislative authorities in Iraq. The aim of this is to shed light on the constitutional guarantees provided by the Iraqi Constitution in order to protect the constitutional text from violations, ensure non- interference in the work of the authorities based on the principle of separation of powers, and provide balance in performing the functions of each authority and thus enhance individual rights and freedoms. The study reached several results including that the role of parliamentary oversight over the executive authority varies according to the type of political system; In the presidential system, its role is weaker due to the lack of mechanisms available to it, while in the parliamentary system, its role is more effective due to the availability of the mechanisms necessary to implement it. Censorship, Iraqi constitutional law, The Sovereignty. Parliament American Journal of Research in Humanities and Social Sciences Volume 23 April - 2024 P a g e | 43 www.americanjournal.org Introduction Research Topic as the authorities Constitution imposes restrictions on the system of government in countriesThe may not exceed the powers specified for them and stipulated in the Constitution, and no authority must interfere in the powers of others or control them. Rather, all authorities must work in cooperation and balance to achieve the state’s goals and guarantee the rights and freedoms of individuals . When an organ of authority exceeds its constitutional limits and exceeds the restrictions imposed on Constitution imposes sanctions on it within the political system. Political systems vary in theirit, the nature and traditional methods (such as presidential, parliamentary, representative assembly, or mixed) in organizing cooperation and balance between powers or in separating them from each other . The Constitution includes means to achieve this balance and ensure adherence to it, through carefully defined constitutional mechanisms. These mechanisms are represented in what is known as “constitutional jurisprudence,” which mainly includes forms of mutual control between the legislative and executive powers, which differ in application between parliamentary and presidential systems. research importance The importance of the research : shed light on the constitutional guarantees provided by the Iraqi Constitutionis highlighted in order to to protect constitutional texts from abuses that may be caused by the legislative and executive authorities. In order to ensure that no authority exceeds its limits and operates according to the principle of separation of powers, and to ensure balance in the performance of each authority’s functions, which protects the rights and freedoms of individuals. . Research problem : questions, which are as followsThe importance of research highlights several : What is the meaning of parliamentary sovereignty ? What is the meaning of constitutional oversight ? To what extent do constitutional oversight controls affect the work of Parliament? constitutional oversight on Parliament’s sovereigntyManifestations of the impact of ? topict sfir the frame Conceptual principles of parliamentary sovereignty and constitutional oversight Through this study, which is the conceptual framework for the principles of parliamentary sovereignty and constitutional oversight, we will address two demands, which are as follows : The first requirement the concept of the principle o parliamentaryf overeigntys is a term enshrined The concept of parliamentary sovereignty, also known as legislative sovereignty in the constitutions of many representative democracies. This term indicates that the legislative branch has absolute sovereignty and authority over all other branches of government, including the executive or even the( branch and the judiciary. It also points out that the legislature is not tied to written laws or to prior legal traditions, as it can amend or) Constitution in some cases American Journal of Research in Humanities and Social Sciences Volume 23 April - 2024 P a g e | 44 www.americanjournal.org epeal prior legislation as neededr ) .1 ( parliamentary sovereignty may conflict with the principle of separation of powers, often limiting the scope of legislative power in public law making and judicial review )2.( Kingdom, FinlandMany countries have sovereign legislatures, such as the United , Netherlands, New Zealand, Sweden, Norway, Denmark, Iceland, Barbados, Jamaica, Papua New Guinea, and the Solomon Islands. the modern rule of established principle of-The first guarantee provided by the Constitution is a well law: all members of the people, whether rulers, ruled or state authorities, are obliged to respect the law as a justification for their actions . )3 ( In cases where a minimum level of security cannot be guaranteed to members of society, the law is instrument of the operation of state power, but it is also a guarantee of the rights ofnot only an individuals facing this power . The principle of the rule of law has the following consequences : In the British system, the rule of law in the British system means the supremacy of Parliament as a legislative authority elected by the people . 1 - It means that Parliament can enact laws as it wishes -Positive: . 2 - It is expressed that no political party can have laws that prevent Parliament from acting -Negative: , and it is indicated that the sovereign law in the English system is the unwritten law or the common law. In the French system, the principle of the rule of law is that the legislative authority is the only source of this legitimacy and has no limits other than the authority of the Constitutional Council to decide that any legal text is unconstitutional . The right to parliamentary oversight is the main means by which Parliament monitors the government , and it is a right guaranteed to all members of Parliament. This right is recognized in Article 65 of the 1950 Constitution, Article 70 of the 1973 Constitution, and Article 74 of the 2012 Constitution. The bylaws of the People’s Assembly explain the mechanism for submitting parliamentary questions , which The administrative authorities must respond to it within a month at most. If the answer is not sufficient for the member concerned, the question is referred to a special committee of the People’s Assembly, which submits a special report with the approval of the People’s Assembly, which the People’s Assembly discusses and takes the necessary measures. )4 ( . The second requirement concept of constitutional oversightthe means that laws enacted by legislative authorities are subject to some formoversight Constitutional of scrutiny by an independent body to determine whether they are consistent with the principles set out in the Constitution. The concept of review is based on the fact that the Constitution is the supreme 1 Waseem Hossam Al-Din Al-Ahmad: Judicial oversight of the administration’s work in the ) ,parliamentary and presidential system, Al-Halabi Legal Publications, Lebanon2008 .p ,5 . 2 ) .Lawyer Waseem Hossam Al-Din Al-Ahmad, previous source, p 9 . 3 Dr. Hamid Rabie, Notes on Political Theory, Faculty of Economics and Political Science, Cairo ) ,University1987p ,320 . 4 ) Dr. Fares Omran, Parliamentary investigation in Egypt and the United States and a glimpse of it , in some Arab countries , Arab Nile Group1999 .p ,332 . American Journal of Research in Humanities and Social Sciences Volume 23 April - 2024 P a g e | 45 www.americanjournal.org law of the state and that the rules contained in the Constitution are the supreme rules and must be respected by all authorities of the state )5 ( . The constitution is the true expression of the general will of the people. It includes the basic rules of the system of government, based on the peculiarities of its establishment by the constituent authorities , and clarifies the general powers of the state, their jurisdictions, and the relationships between them ) 6 (. Thus, constitutions containing orders and prohibitions from which public authorities cannot deviate from) deviates the legislative authority ( began to give Parliament an air of sanctity. If Parliament these orders and prohibitions, its actions will be unconstitutional. This is the reason why the principle of constitutional review emerged and became established in modern legal thought: the principle of constitutional sovereignty was affirmed as one of the pillars of the rule of law. There is a consensus among constitutional jurists that the principle of constitutional sovereignty is manifested in two forms : the constitutionof the substantive and formal sovereignty 7. This transcendence, both objective and formal , is what distinguishes the Constitution from ordinary as ordinary law cannot conflict with the, law. This distinction has very important consequences mechanisms to guarantee theConstitution. For this reason, constitutional law began to look for supremacy of the Constitution against violations and infringements by state power, especially the legislative power, which by its nature has the power to enact ordinary laws . 8 ( Constitutional law adopts a system of reviewing the constitutionality of laws as a principle that has both theoretical and practical justifications. Among the practical justifications for reviewing constitutionalism that can be mentioned here is that one of the constitutional institutions, which is Parliament, may be artificial and therefore fragile in practice, and the electoral process itself may be subject to unrealistic influences, and the legislative authority may enact bad laws that contradict the tter and spirit of the Constitution, and the legislative authority may be considered It exercises a formle of tyranny )9 (. In addition to the theoretical factor of the sovereignty of the constitution in form and content, these the necessity of monitoring thepractical factors led to desacralizing Parliament and convincing it of constitutionality of laws. As a result, the review of the constitutionality of laws imposed itself as an independent institution aimed at preventing legal texts that contradict the Constitution from entering into force, and it became in form and“ a means of defending the Constitution against any attack and proving its sovereignty over other legal texts” content . )10 ( . 5 )Abdel Azim Abdel Salam, Oversight of the Constitutionality of Laws, a comparative study (Al- alaa Printing and PublishingW 199 , (p . 23. 6 ) Saad Mufleh Al-Lawzi, Oversight of the Constitutionality of Laws in Jordan, a comparative study, doctoral dissertation (Faculty of Law, University of Aleppo , 2009 , (p . 231. 7 ,Sam Dallah, Principles of Constitutional Law and Political Systems (Damascus University Press ) 2005 , (p . 113. 8 ,Ibrahim Shiha, General Constitutional Principles (University Printing and Publishing House ) Beirut 1982 , (p . 231. 9 ,Ibrahim Abu Khuzam, The Mediator in Constitutional Law, Book One (United New Book House ) Beirut 2002 ,p . 209 ). 10 .Abdel Azim Abdel Salam, Oversight of the Constitutionality of Laws, previous source, p )322 American Journal of Research in Humanities and Social Sciences Volume 23 April - 2024 P a g e | 46 www.americanjournal.org While national constitutions recognize constitutional review, the design of review mechanisms varies from one constitution to another. However, these differences in methods do not affect the nature and purpose of constitutional review, and the nature and purpose of constitutional review has not changed in most countries of the modern world. )11 ( . second topicThe The impact of constitutional oversight on Parliament Through this study, which is the impact of constitutional oversight on Parliament, we will address two demands, which are as follows : The first requirement The impact of constitutional oversight controls on the work of Parliament should be said that democracy is an institutional form of organization of political societyFirst of all, it that aims to peacefully manage the various divisions in society and achieve the common good. Hence , the institutional dimension is one of the necessary and important aspects of achieving democracy, and the process of building institutions is one of the basic building blocks for building society, along with other social, economic, and intellectual components that must be present in any society that wants to build a modern state. Since the modern state is a state of institutions, this is one of the basic building blocks in building the modern state 12 ( . Since 2003 ,the new Iraqi government began its efforts to build a modern, contemporary state with legal and constitutional standards. The 2005 Constitution was one of the most important milestones in Iraq since 2003 According to Article of the 2005 Constitution, Iraq is a federal state with a democratic republican parliamentary system . )13 ( . is the most important institution in) the legislative authority ( The Iraqi Council of Representatives the political process in Iraq since, the system because it has great powers and authorities. However the establishment of the Governing Council and the political, constitutional, cultural, social and, above and thesystem all, political problems that accompanied it directly affected the nature of the political work of the authorities in this system, especially the legislative authorities, and led to the conclusion that there are various obstacles that were reflected in The political process as a whole )14 ( . In constitutional law, this is one of the calmer methods of scrutiny , where the government and particularly important issue and aim to reach a solution acceptableParliament engage in dialogue on a to both parties. )15 ( 11 ) .Same source , p323 12 ) Dr. Amin Atef Saliba, The Role of the Constitutional Judiciary in Establishing the State of Law ,(A Comparative Study), Al-Hadith Book Foundation, Lebanon2002 .p ,70 . 13 ( Dr.. Amr Hashim Rabie, Parliamentary Oversight in Political Systems, His Study of the Experience of the Egyptian People’s Assembly, Al-Ahram Center for Political and Strategic Studies ,Cairo ,2002 .p ,55 . 14 Dr. Muhammad Bahi Abu Younis, Parliamentary Oversight of Government Activities in the ( Egyptian and Kuwaiti Regimes, New University Publishing House , 2002 ,p 78. 15 ( .Dr.. Hamid Rabie, previous source, p335 . American Journal of Research in Humanities and Social Sciences Volume 23 April - 2024 P a g e | 47 www.americanjournal.org For this reason, some scholars see it as a forum in which Parliament and the government exchange views and cooperate for the public interest. Hence, it satisfies Parliament's desire to know the government's policy on current issues and contemporary circumstances, and at the same time avoids Parliament's political accountability before Parliament, and at the same time makes clear to the government what Parliament is doing on those issues and the extent of Parliament's support for the overnment to confront those issues and is considered monitoring. Governmentmeasures taken by the g policy among other monitoring tools is important, as it provides a clear picture of government policy on current issues and contemporary circumstances. )16 ( In fact, this approach has a constitutional basis in Article 129 At least: “ of the Egyptian Constitution 20 members of the People’s Assembly may set a public agenda and discuss it to clarify the ministry’s policy on this matter . ” )17( Article 112 fifth of the-of the Kuwaiti Constitution stipulates that, upon a request signed by one members, general issues may be presented to the National Assembly to clarify the government’s policy on these issues and exchange opinions on them, and all other members have the right to participate in the discussion . )18 ( B: At least twenty-five members of the House of Representatives may raise and submit to the Speaker of the House of Representatives a topic for public discussion to clarify the policy and performance of the Council of Ministers or any of the ministries, and the Prime Minister or the ministers must be present in the Council to discuss the topic. Accordingly, the Iraqi Constitution requires the approval of the House of Representatives( 25 . After that, the request is submitted by the Prime Minister to the Speaker of the House of) members Representatives, indicating the topic to be discussed and the signature of the member submitting the request. The Speaker of the Council directs the relevant authorities, and the Prime Minister or Minister identifies the person to be discussed. Discussing a date to appear before the House of Representatives to discuss the issue, which will then be placed on the House’s agenda . )19( There are several reasons for this, not the least of which is that the political situation in Iraq prevents representatives from directly accusing the government or holding it accountable through interrogations and investigations . )20 ( This is because it is not a means of bureaucratic accountability or a means of proving shortcomings , but rather it is merely a means for the Prime Minister or Minister to express his or her point of view on a particular issue and for Parliament to hear the views of Parliament so that a solution that satisfies both parties and achieves the public interest can be reached . )21( 16 ) ,Dr. Anwar Al-Khatib, Parliamentary Principles in Lebanon and Other Arab Countries, Dar Al-Ilm Lil-Malayin ,Beirut1961p ,383 . 17 ) .Dr. Hamid Rabie, same source above, p 336 . 18 ) ,Dr. Anwar Al-Khatib, Parliamentary Principles in Lebanon and Other Arab Countries, Dar Al-Ilm Lil-Malayin ,Beirut1961 .p ,383 . 19 Dr. Ihab Zaki Salam, Political Control of the Works of the Executive Authority in the Parliamentary System, Alam al- ( ,Kutub1983 .p ,88 . 20 ( ,a. Dr.. Yahya Al-Gamal, The Constitutional System in the Arab Republic of Egypt, Cairo, Dar Al-Nahda Al-Arabi 1974 .p ,226 . 21 ,Dr. Munther Al-Shawi, Constitutional Law, Constitutional Theory, Publications of the Legal Research Center ) ,Ministry of Justice, Baghdad1981 .p ,58 . American Journal of Research in Humanities and Social Sciences Volume 23 April - 2024 P a g e | 48 www.americanjournal.org Therefore, it is rare in Iraq for Parliament to question the Prime Minister or Ministers due to the difficulty of achieving the desired results, and this approach is considered the most appropriate for the Iraqi political situation . )22( Moreover, Article 55 of the bylaws of the House of Representatives meeting stipulates that “25 members of the House of Representatives may raise general issues for discussion and present them to the Speaker of the House of Representatives to clarify the policy and performance of the Council of Ministers or one of the ministries. The Prime Minister shall set a date and time limit for participation ”. The House of Representatives in discussion,” referring to the right of the House of Representatives to cussionraise public issues for dis. Article 61 (Seventh) of the 2005 Iraqi Constitution permits the interrogation of the Prime Minister or ministers after the approval of the members of the House of Representatives ) 25 , but on) members the condition that the purpose of the interrogation is to hold the Prime Minister or minister accountable of the House of RepresentativesMembers regarding matters within his or her jurisdiction, as follows: , with the approval of 25 members of the House of Representatives. Members of the House of Representatives, with the approval of 25 members of the House of Representatives, may question the Prime Minister or the Minister for the following matters for the purpose of holding him accountable for matters within his jurisdiction. The interrogation shall be considered after seven days from “ The right to question officials of independent bodies in accordance withthe has of Representatives House the procedure relating to ministers, and it may dismiss them by a simple majority .” Therefore, representatives are not interrogated, except in rare cases, such as the interrogation of the Sudani, and the withdrawal of confidence from her after her-former Minister of Commerce, Farah Al irresponsibility and incompetence in her duties were proven, and the subsequent interrogation of the former Minister of Electricity and her incompetence was proven ) .23 ( The political reality in Iraq limits the use of interrogation. This is because governments are formed by consensus, and interrogation is prohibited by consensus because it may lead to the collapse of relations between the parties concerned, which negatively affects the work of the government and Parliament and harms the public interest. However, this does not mean that if it is publicly proven that a minister is not fit to serve in the ministry, questioning the minister is prohibited . )24( The internal regulations of the House of Representatives regulate interrogation procedures in Articles 56-61 .Articles 5661 ;According to these articles, the interrogation procedure must be discussed no later than seven days from the date of the interrogation request. The interrogation request must be signed by the person submitting the interrogation and submitted in writing to the President of the Council with the approval of at least 25 members of the Council. The interrogation must state the matters to be interrogated. The reasons, evidence, and foundations on which the interrogation is based , and the crime committed by the interrogated person. It is not permissible to request interrogation on a matter previously decided by the Council, unless new facts arise that justify it . )25( A request for interrogation may be submitted at any time, and the person conducting the interrogation or who is leading it, if the person conducting the interrogation is a member of the House of 22 (. ,Dr.. Munther Al- Shawi, Meaning of Control over the Constitutionality of Laws, without year of publication without place of publication, p8 . 23 ) Dr. Ihsan Hamid Al-Mufarji , Dr. Katran Zaghir Nehme, Dr. Raad Naji Al-Jeddah, The General Theory of ,Constitutional Law and the Constitutional System in Iraq, Baghdad1989p ,186 . 24 .Dr. Munther Al-Shawi, Constitution Theory, previous source, p 63) 25 .Dr. Hamed Rabie, same source above, p )3,4 6. American Journal of Research in Humanities and Social Sciences Volume 23 April - 2024 P a g e | 49 www.americanjournal.org office and take his designated seat in the House ofRepresentatives office, must leave the Representatives. )26 ( . The outcome of the discussion is either that the House of Representatives is convinced by the questioner's arguments and ends the questioning, or that the House of Representatives proves the questioner wrong and casts doubt on the questioner's credibility. Article 61 of the bylaws of the House of Representatives stipulates the following: “When the discussion ends and the House of Representatives is convinced of the arguments of the questioner, the deliberations are considered concluded. Otherwise, the House of Representatives may withdraw its confidence from the questioner in accordance with the procedure stipulated in the bylaws ) ”.27( The second requirement Manifestations of the impact of constitutional oversight on Parliament’s sovereignty The Iraqi Constitution of 1970 ignored the issue of constitutional review and did not address it, but after the changes that occurred in the Iraqi political system in 2003 ,Article ) 44) (a) of the “Law of w Administration of the Iraqi State in the Transitional Period” stipulated issues of constitutional revie of the law . )28( The Federal Supreme Court has jurisdiction in the following matters -B : 2 - It has exclusive and compliance with laws, regulations or directives issued-inherent jurisdiction in lawsuits related to non by federal, regional, state, municipal or local government authorities, at the request of the plaintiff or based on a referral from Another court . )29( It ignored the Iraqi Constitution of 1970 0 and did not refer to provisions regarding constitutional review, but after the change that occurred in the Iraqi political system in 2003 ,the Interim Iraqi State Administration Law stipulated a review of the constitutionality of legislation in Article ( 44 ) . The Federal Supreme Court has the following powers : 2 - Exclusive and inherent jurisdiction in the -event of a claim from one of the plaintiffs or a request from another court in relation to a claim of non ompliance with a law, regulation or directive issued by the federal government, the regional orc ate government, the municipal government and the local administrative bodies with this lawgovernor. Article 3 (c) further states that “if the Federal Supreme Court decides that the contested law, regulation or directive conflicts with this law, it shall be deemed invalid”. In fact, Law No . 30 of 2005 has been enacted and is still in effect, and a new draft law for the Federal Court is currently under discussion in the House of Representatives. The Iraqi Constitution of 2005 , which is still in effect, regulates the issue of reviewing the constitutionality of laws in Article 93 , which states that “the Federal Supreme Court shall 1. firstly review the constitutionality of the laws and regulations in force and 2 . secondly, shall interpret the provisions of the Constitution )30 ( . As can be seen from the above, the Iraqi National Transitional Administration Law and the Iraqi Constitution of 2005 entrusted the task of reviewing the constitutionality of laws to a judicial body , 26 Dr. Anwar Al-Khatib, Parliamentary Principles in Lebanon and Other Arab Countries, previous ( , source390 27 (. .Ihsan Al-Mafarji And others, previous source, p177 28 ,Dr. Amin Atef Salbia, previous source123 . 29 ( Dr.. Ibrahim Darwish, Constitutional Law, General Theory, Constitutional Oversight, Dar Al- ,Nahda Al-Arabiya, 4th edition, Cairo2004 .p ,220 . 30 .Dr. Ihsan Al-Mufarji and others , previous source, p 177) . American Journal of Research in Humanities and Social Sciences Volume 23 April - 2024 P a g e | 50 www.americanjournal.org which is the Federal Supreme Court, whose work is regulated by a law enacted by the House of Representatives, and whose jurisdiction is regulated by a law that regulates the number of judges, their special conditions, and the method of their work within the court. The organization of the court can be observed as follows . )31( The Federal Supreme Court Law of 2005 ) 1( “was enacted” Internal Rules for the Work of Courts under the Interim Iraqi National Administrative Law, and continues to be implemented under the Iraqi Constitution of 2005 .The Council of Ministers has prepared a new draft law for the federal courts to be legislated in accordance with the provisions of the Iraqi Constitution of 20005 .This project has been submitted to the House of Representatives for approval . Accordingly, reference is made to the draft law of the new Federal Court, with emphasis on its formation and jurisdiction in accordance with Courts Law No . 1) of 2005 and Court Procedure Rules No) . 30) of 2005 . Article 3 (c) further states that “if the Federal Supreme Court determines that the contested law, rule or order is contrary to this law, it shall be deemed invalid”. Indeed, Law No . (30 (of 2005 ,which is Law No) . 30 (of 2005 ,was legislated and is in effect to this day, and a new draft law for the Federal Court is currently being discussed in the House of Representatives. The Iraqi Constitution of 2005 ,which is still in force, regulates the issue of oversight of the constitutionality of laws in Article 93 and includes the following provisions: First, oversight of the constitutionality of laws and regulations in force; Secondly, interpreting the provisions of the Constitution. Secondly, interpreting the provisions of the Constitution . The work of the court is regulated by a law enacted by the House of Representatives and specifies the court’s powers, the number of judges, special conditions, and the method of work within the court ) 32 ( . Federal Supreme Court Law No . 1 of 2005 “was” internal system for the work of the courts The legislated under the Iraqi State Administration Law for the Transitional Period and continues to be implemented under the Iraqi Constitution of 2005 .The Council of Ministers has drafted a new law for the federal courts to be legislated in accordance with the provisions of the Iraqi Constitution of 2005 , It is currently before the House of Representatives for approval. The above shows that the jurisdiction of the courts to review the constitutionality of laws is broad, as the rules of court procedure under the 2004 Interim Constitution specify the various parties that have the right to challenge the unconstitutionality of a law, regardless of the existence of a dispute or not . )33(It also recognizes the right of litigants to challenge the unconstitutionality of laws, decisions and rules directly before the Federal Supreme Court . First, if there is a dispute in court and one of the opponents objects to the unconstitutionality of the law applied to him, he may submit a notice of appeal before the ordinary court on legal grounds, and the Federal Supreme Court may accept the appeal, and the appeal is recognized as payment of a fee to the Federal Supreme Court. )34 ( . 31 ) .Dr. Ibrahim Darwish, previous source, p 222) . 32 ( Dr.. Munther Al-Shawi, The Meaning of Oversight of the Constitutionality of Laws, previous .source, p130. 33 ,Dr. Amin Atef Salbia, previous source 139) 34 .Dr. Muhammad Bahi Abu Younis, Parliamentary Oversight , p 176 American Journal of Research in Humanities and Social Sciences Volume 23 April - 2024 P a g e | 51 www.americanjournal.org Conclusion we,” The Impact of Constitutional Review on Parliamentary Sovereignty “ Through our research, reached several conclusions and a number of recommendations that we would like to present to the legislative authority. Results 1 - The role of parliamentary oversight over the work of executive authorities varies depending on the political system. In the presidential system, this role is weak due to the lack of available tools, while ntary oversight is effective because of the toolsparliamentary system, the role of parliamein the necessary to implement it. 2 .The success of parliamentary oversight depends on the availability of the necessary means for the legislative authority to carry out its oversight role in the United Kingdom system, despite the ority to carry out its oversight role in theavailability of the necessary means for the legislative auth United Kingdom system, despite the availability of the necessary means for the legislative authority to carry out its oversight role in the United Kingdom system, despite The availability of the necessary for the legislative authority to carry out its oversight role in the United Kingdom system, despitemeans the availability of the necessary means for the legislative authority to carry out its oversight role in the of the necessary means for the legislative authority United Kingdom system, despite the availability its oversight role in the United Kingdom system, despite the availability of the necessaryto carry out legislative authority to carry out its oversight role In the UK system means for the, 3 - Oversight of the constitutionality of laws aims to protect the provisions of the Constitution from deviations from the provisions of the legislative authority 4 - In Iraq, oversight of the constitutionality of laws in Iraq is considered judicial oversight, as oversight of the constitutionality of laws is judicial oversight, as it is entrusted to the judiciary (the Federal Supreme Court) in accordance with Article 93 the Iraqi Constitution of 2005. Recommendations - While it is clear that the Iraqi Constitution of 2005 and the internal regulations of the House of Representatives allow representatives greater freedom in performing their oversight role, many representatives do not perform their oversight role because they do not come from the ballot boxes but -from the lists that carried them to their seats in the House of Representatives. Thus, proposing to re ntroduce a new electoral law that guarantees their entry into Parliament with sufficient votes, as theyi e of Commons and not voices expressingare voices defending the party that carried them to the Hous the will of the people . 1 - Constitution guarantees parliamentarians all theEmpowering Parliament’s oversight role. The Iraqi necessary conditions to play an oversight role by empowering them with constitutional provisions . This is the responsibility of the Iraqi Council of Representatives. 3 - We reviewed the draft Federal Court law and made a number of observations on the draft : a. It is proposed that the composition of the court consist of (13 (members instead of (11 (members , and it is proposed that nine members be judges with no less than 20 years of practical experience , which is the practice in the majority of countries that have adopted such courts. B. Because of the court's critical role, we believe that the House of Representatives should approve all thirds majority, not just members of the House-members by a two . American Journal of Research in Humanities and Social Sciences Volume 23 April - 2024 P a g e | 52 www.americanjournal.org -C. The Shura Council must participate not only in the court's deliberations, but also in the decision aking process. We therefore support the abolition of the division of members of the Court into judgesm and advisory members, but since the role of the Court is not only to decide constitutional provisions but also to interpret constitutional provisions, all members of the Court should participate in both the making process of the Court-deliberations and the decision. References 1. -Gamal, The Constitutional System in the Arab Republic of Egypt, Cairo, Dar Al-Dr.. Yahya Al Arabi-ahda AlN , 1974 2. Ibrahim Abu Khuzam, The Mediator in Constitutional Law, Book One (United New Book House , Beirut 2002. 3. Jami’ah for Printing and Publishing-Ibrahim Shiha, General Constitutional Principles (Dar Al , Beirut 1982). 4. -Dr.. Ibrahim Darwish, Constitutional Law, General Theory, Constitutional Oversight, Dar Al Arabiya, 4th edition, Cairo-ahda AlN , 2004. 5. Jeddah, The General-Mufarji , Dr. Katran Zaghir Nehme, Dr. Raad Naji Al-Dr.. Ihsan Hamid Al Theory of Constitutional Law and the Constitutional System in Iraq, Baghdad , 1989 6. Dr.. Amin Atef Saliba, The Role of the Constitutional Judiciary in Establishing the State of Law Hadith Book Foundation, Lebanon-(A Comparative Study), Al , 2002 ,p . 70 . 7. -Khatib, Parliamentary Principles in Lebanon and Other Arab Countries, Dar Al-Dr.. Anwar Al Millain, Beirut-lm Lil AlI , 1961. 8. Dr.. Ihab Zaki Salam, Political Control of the Works of the Executive Authority in the Kutub-Parliamentary System, Alam al , 1983. 9. Dr.. Hamid Rabie, Notes on Political Theory, Faculty of Economics and Political Science, Cairo University , 1987. 10. Dr.. Amr Hashim Rabie, Parliamentary Oversight in Political Systems, His Study of the Ahram Center for Political and Strategic-Experience of the Egyptian People’s Assembly, Al Studies , Cairo , 2002. 11. Dr.. Fares Omran, Parliamentary investigation in Egypt and the United States and a glimpse of it in some Arab countries, Arab Nile Collection , 1999 12. Dr.. Muhammad Bahi Abu Younis, Parliamentary Oversight of Government Activities in the Egyptian and Kuwaiti Regimes, New University Publishing House , 2002. 13. Shawi, Constitutional Law, Constitutional Theory, Publications of the Legal-Dr.. Munther Al Research Center, Ministry of Justice, Baghdad , 1981. 14. Shawi, meaning of oversight of the constitutionality of laws, without a year of-Dr.. Munther Al publication, without a place of publication . 15. Sam Dallah, Principles of Constitutional Law and Political Systems (Damascus University Press , 2005. 16. Lawzi, Oversight of the Constitutionality of Laws in Jordan, a comparative study-Saad Mufleh Al , doctoral dissertation (Faculty of Law, University of Aleppo , 2009 . 17. -Abdel Azim Abdel Salam, Oversight of the Constitutionality of Laws, a comparative study (Al alaa Printing and PublishingW , 1991 ,(p . 23 18. Ahmad: Judicial oversight of the administration’s work in the-Din Al-Wassim Hossam Al anonHalabi Legal Publications, Leb-parliamentary and presidential system, Al , 2008.