The position of the head of state has changed in the evolving parliamentary system

Prepared by.Dr. Wadeea Dakhil

        There is no doubt that the parliamentary system is based on the principle of dual executive authority, that is, it consists of the head of state and the ministry (the government), and the actual powers are in the hands of the government, which handles the management of various state affairs, as it exercises administrative, financial, security, political powers and all other matters in the country, There is no actual role for the head of state in the traditional parliamentary system, which is based on the duality of the executive authority. However, the head of state, whether in the monarchical or republican system, does not enjoy any powers, as he is not responsible for managing the state in various aspects. However, the constitutional developments in various countries of the world and the different environment political, social and cultural awareness in various countries of the world led to the existence of a more developed parliamentary system than the traditional image of this system since these developments have made the position of the head of state of great importance, even if he is not directly elected by the people, many constitutions have granted some important powers to the head of state that he exercises alongside the government, so some things cannot be done without the intervention of the head of state by exercising his specific powers under the constitution and the law, for example, the Iraqi constitution of 2005 in force stipulates that the selection of the candidate of the parliamentary bloc that has the largest number to form the government takes place through the President of the Republic after being elected by the Representatives within 15 days from the date of the election, as indicated in Article (76)) From the effective constitution of Iraq, so what if the President of the Republic refrained from choosing this candidate to form the government, especially since the Constitution of Iraq did not indicate the solution in the event that the President of the Republic refrained from choosing, as the state’s authorities would be suspended and the government could not be formed. The choice must indicate the reason for abstention and oblige him to choose the alternative candidate the second time, and he is not entitled to abstain, and so is the case with many other issues that were linked to the intervention of the President of the Republic, such as declaring a state of emergency, issuing a special pardon, and others  Thus, the position of the head of state has become at the present time an important and influential in the political process in countries that follow the developed parliamentary system, which grants various powers to the head of state alongside the government in order to distribute powers between the government and the president, and so that one of them does not monopolize or monopolize the rule and become tyrannical and arbitrary in its use his powers towards the rest of the authorities in the state, as some countries suffer from the issue of the monopoly of the head of state with all powers, so he deliberately reduces the powers of the head of state when following the developed parliamentary system with the aim of achieving a balance between the two poles of the executive authority to prevent the tyranny of one of the parties with his powers against the rest of the state’s authorities, the developed parliamentary system may achieve better results when it is followed in a country that suffers from political diversity and a lack of cultural awareness of the peaceful transfer of power, especially since the head of state and the government will share powers in managing state affairs, so that the president has a role in running the state in many matters. Thus, we conclude that constitutional systems are capable of evolving according to the needs of the people and the political level they reach in a way that is appropriate to their social and political environment, even if they remain confined to the traditional systems in the mother country.