أ. م. د. حارث أديب إبراهيم تطبيقات معاصرة لممارسة الصلاحيات التنفيذية لرئيس الدولة في النظام شبه الرئاسي

Abstract

         This study seeks to explore the contemporary applications of states that have adopted the semi-presidential system—also referred to by some as the mixed system—and to analyze and compare the substantial differences in the constitutional texts of these countries regarding the executive powers vested in the most prominent position in this system: the head of state. The purpose is to benefit from these differences in identifying the best options that could be implemented in Iraq, should the semi-presidential system be adopted through the constitutional reforms demanded by many. The study is limited in its substantive scope to reviewing constitutional provisions that pertain to the executive functions of the head of state under the semi-presidential system, particularly those areas where this system diverges from traditional systems, as well as the variations between countries that have adopted this model. These powers include the appointment of the government and senior officials, presiding over cabinet meetings, and managing foreign policy during both peace and wartime—topics that will be examined in the chapters of this study. The research does not delve into the political and practical realities of the countries under review, as this would require research techniques beyond the boundaries of legal studies. The study concludes that it is essential to distinguish between the role of the president as a symbolic figurehead of the state and the president’s authority in shaping domestic and foreign policy. While assigning certain powers and responsibilities to the president can serve the principle of presidential unity as a symbol of national unity, granting the president additional authorities may lead to an expansion of presidential power and undermine principles of power-sharing. This could result in tensions and conflicts with the government, which is constitutionally empowered to determine domestic policy, and may upset the balance of power between the president and the government that represents the majority in the legislature. Nevertheless, certain functions remain inherently tied to the president’s symbolic role as the nation’s figurehead and may rightfully be reserved solely for the president.