Abstract

This study with its hypothetical title had discussed the realistic argument of the impact caused by the defense orders on the legislative authority. The study methodology had focused on analyzing the position n of the defense orders issued by the defense law no. (13) Year 1992. This problems effected the principle of separation of powers since defense orders include provisions regulate the rights,& provide criminal penalties. The hypothetical title of the study came as a result of a legal consequence just boils down to legal impossibility to find existence of legal effect of defense orders on the legislative authority, the study finds that the defense orders are considered as administrative decision, and did not fall within the scope of legislative authority of the executive power which only extends on three aspects under the constitution, also the study had discussed the realistic and legal reasons and the problems of implementation and overrun the legislative authority of the parliament, making proposal and amendment that incorporate the requirements of the principle of separation of powers in exercising the legislative duties.