Constitutional and Juridical Organization of the Guarantees Established for Parliamentary Protection

Abstract

Representative democracy is considered one of the most widespread in the world today that aims to activate the role of population in selecting parliamentarians, who represent them within the dome of Parliament, to hold the authority and the final word. Government is exercised in the name of population by parliamentarians, for this reason, there is an impossibility for the population to hold authority on their own for a number of reasons, implying enormous number of people, the lack of understanding of this system by majority of the population, or lack of awareness of political and economic issues, so the significance of parliamentary system Or Parliament where guarantees must be put in place to protect this function - the parliamentary function. Parliamentary work must be informed by guarantees which ensure the right to do it, and most constitutions are decided on a set of guarantees that protect the parliamentary function itself, as these guarantees begin with the oath which is the basis for the parliamentarian to begin his parliament’s function, and the duty to attend the session of legislative and supervisory significance, as well as full-time parliamentary work, are no less relevant than their predecessor and are the basis for the separation of authorities. As for preventing financial transaction with state, its guarantee is taken up by most legislation to end the favoritism by the government for members of Parliament before this member turns a blind eye to its mistakes. Thus, an end of the Council's independence by termination its membership for several things and reasons about legislation which is considered as a penalty for infringing the duties of parliamentary membership. Moreover, they are applied through the text in Iraqi constitution and comparative constitutions, as well as in the laws and internal systems of parliamentary councils, and all of this differs from one country to another depending on the degree of its development and maturity of its political system, its traditions and customs, as conventional and normative play a major role in the emergence and stability of these guarantees.