UNDP United Nations Development Programme ÈÑäÇãÌ ÇáÃãã ÇáãÊÍÏÉ ÇáÅäãÇÆí
Programme on Governance in the Arab Region ÈÑäÇãÌ ÅÏÇÑÉ ÇáÍßã Ýí ÇáÏæá ÇáÚÑÈíÉ POGAR
Publications: Legislature
- Preface
- A demonstration of Arab legislative systems
- The Parliament
  - The council of the parliament
  - Chairmanship
  - Parliamentary committees
  - The parliament's membership
  - The parliaments functions
  - Parliament's sessions and audiences
- The Senate
  - Organizations of the senate
  - The membership in the senate
  - The senate's functions
  - The senate's sessions
  - Joint sessions (parliament and senate)
  - The head of the state's legislative functions
  - The majorities
- Conclusion
- Form and language remarks
Structures of the Arab Parliaments: Comparative Study
by Dr. Wassim Harb

The Parliament
The Parliaments Functions:

The parliamentary functions can be divided into 5 main sections: 1. electing functions, 2. constitutional functions, 3. legislative functions, 4. political functions, 5. financial functions.

To begin with, we pointed out in a comparison table the electing and the nominating missions of the parliament (see fig. T14). These missions are: the election or the appointment of the head of the state, the nomination of the head of the state and the prime minister, the election of the speaker, the parliamentary office, the president and the members of the parliamentary committees, the members of the constitutional council, and the Supreme court for prosecuting presidents and ministers. From our comparison, we concluded that, in two Arab states the president is elected by the parliament (Yemen, Lebanon) while in the rest of the states the president is elected either directly by the people (Tunisia, Algiers) after being nominated by the parliament or by appointment or inheritance (Saudi Arabia, Oman, Kuwait, Qatar, Bahrain, Jordan, Morocco and Syria). There are also some states where the president is elected by a specialized organization (Emirate’s supreme council of the union, Iraq’s revolutionary command council). We should note here that in Lebanon the parliament has a consultancy role, in the appointment of the cabinet, according to the constitution.

As for the constitutional functions, we’ve formed a comparison table (see fig. T15) that includes the suggestion and amendment of the constitution.

We noticed that in both Jordan and Algiers, there is no indication showing that the parliament has the right to amend the constitution by itself for this right is granted to both parliament and the senate (see index).

In the rest of the gulf countries except for Kuwait, the parliament doesn’t possess any constitutional functions, for these functions are granted to the head of the state or the supreme council of the union (Emirates).

We have considered granting and withdrawing confidence to be constitutional functions, although they can be classified as political functions.

We didn’t recognize in this table the functions of the parliament concerning electoral control, and the immunity adjournment having recognized them in another comparison table.

As for the legislative functions (see fig. T16) we’ve found it necessary to make a comparison table that deals with the legislative functions enjoyed by the parliament on one hand and those enjoyed by the government on the other (proposing and rectifying bills, decree-laws and international treaties). Thus there are some states where deputies alone possess the right to propose bills, while other states grant this right to the head of the sate and government as well. We’ve made this comparison because of the difference found between the different Arab states concerning the rights of their parliaments and governments. Then we’ve noticed the mission of parliaments in supervising on the decree-laws. Those are decrees, issued by the head of the state or government, but have the rank of a law.

Then we’ve noted the role of parliaments in examining the international treaties signed by the government, in addition to the limitations of this role in amending, verifying or ratifying these treaties. There’s an obvious difference between verification and rectification, some Arab states allowed rectification while others verification.

Next we considered in another comparison table the political functions of the parliament (see fig. T17). We didn’t recognize in this table, the issue of granting confidence to the cabinet since we’ve already discussed it earlier. Nevertheless, we included in this table the role of the parliament in withholding confidence in the cabinet and questioning the cabinet and the public administrations. In addition to debating the policy of the government or any other necessary subject.

Then we’ve noticed the role of the parliament in addressing questions and inquiries to the government as well as expressing comments and wishes and examining the petitions and complains submitted to the parliament by citizens.

It’s obvious from this table that in the gulf countries except for Kuwait and Bahrain the parliament doesn’t have the right to withhold confidence in the cabinet, or address questions and inquiries to it. While in Morocco the role of withholding confidence is shared between two legislative councils (parliament + senate).

And last but not least, we’ve made a comparison table dealing with the financial functions of the parliament (see fig. T18). Where we’ve dealt with the issue, of examining the general budget, showing the rules, for discussing it (all at once or chapter by chapter), voting on it and rectifying it. We also noticed the possibility of approving on extra and exceptional credits and the parliamentary role in applying taxes and functions (charges).

We’ve also mentioned the parliaments’ role in verifying the final accounts presented by the government, in rectifying a special balance sheet, and in verifying the closing accounts of the parliament.

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