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Volume :15 Issue : 58 1989      Add To Cart                                                                    Download

FORMS OF PARLIAMENTARY SYSTEMS BETWEEN TRADITIONALISM AND MODERNIZATION: AN APPLIED CONTRASTIVE STUDY OF THE CONSTITUTIONS OF KUWAIT, GCC STATES AND EGYPT

Auther : By: Dr. Ali Al-Baz

 

          The main objective of this study is to revaluate the traditional legal criteria applied to parliamentary systems in order to arrive at new evaluating criteria.  The paper begins by discussing the system of choosing people’s deputies as an embodiment of a democratic set-up and the division of such systems into parliamentary, presidential and representational governments.  The basis of this traditional division, which is the Principle of Division of Powers, is investigated; it is shown to be unsuitable as a discrete criterion for every type of government because of the overlapping of the distinctive features of the above types.  This overlapping of features also occurs in the practical application of this system, especially between Parliamentary and Presidential forms.  This resulting type is referred to in the paper as the “Parliamento-Presidential” system.

           The degree of overlapping among the systems is judged according to the power of the head of state vis-à-vis the authorities of the legislative body.  In light of this, the constitutions of Kuwait and Bahrain are examined especially in the area of government organization.  The constitutions of Qatar and UAE, on the other hand, cannot be grouped under this category in view of the fact that the representational systems in both countries have no parliamentary power because their role is only consultative.  The constitution of Egypt is also analyzed and it is shown that there is overlapping powers in the Egyptian system which can be also safely called “Parliamento-Presidential”.

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