Caretaker Government in the Yemeni and Comparative Law

Abstract

This research addresses the topic of "Caretaker Government" in Yemeni law and comparative laws. This subject raises extensive debate in political and legal circles due to the lack of a precise definition for such governments in various constitutions, leading to diverse legal and jurisprudential interpretations regarding their concept, tasks, and duration. The caretaker government handles ordinary public affairs after the resignation or dismissal of the existing government, continuing to function until a new government is formed to avoid a constitutional vacuum that might hinder the regular operation of public services. The study provides a conceptual approach to the caretaker government, highlighting the differing legal and jurisprudential interpretations in Yemeni, Lebanese, and Iraqi constitutions. It also discusses the tasks of the caretaker government under ordinary and extraordinary circumstances and the parliamentary and judicial oversight of its actions. The research concludes with recommendations for establishing clear legal provisions defining the concept, tasks, and duration of the caretaker government in the Yemeni constitution and suggests benefiting from international experiences, especially the Lebanese experience.