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The Actual Suspension of the Constitution of the Republic of Iraq for the Year (2005) and its Relationship to the Principle of Legality

The constitution is considered the supreme law in the state, as it clarifies the form of the state and the existing system of government in it, and defines its general authorities and their relationship to each other on the one hand, and their relationship to individuals on the other hand, and this is what the Iraqi constitutional legislator stipulated according to the constitution (2005).

However, one of the public authorities in the state may sometimes resort to stopping the implementation of some provisions of the constitution without relying on a constitutional text that gives it the authority to do this work, and this is what has been termed the actual suspension of the constitution.

What complicates the matter in Iraq is the political crisis in the Iraqi constitution for the year (2005) /subject of study/ following the legislative elections for the House of Representatives. Especially what happened after the parliament elections in 2021 in terms of conflicts between the political blocs and parties, which in turn led to the disruption of the oversight work of the parliament on the performance of the executive authority. In addition to obstructing the exercise of the legislative role of the House of Representatives, especially with regard to approving the Federal General Budget Law, not to mention the actual obstruction of the approval of the draft law of the Federal Supreme Court, which is considered the final authority for the rest of the authorities.

For all of this, we chose this topic with the aim of: Studying - the actual suspension of the Constitution of the Republic of Iraq for the year (2005) - in its general theoretical and conceptual framework, an independent scientific study, By extrapolating the Iraqi political reality and comparing it with the provisions of the constitution related to the three authorities (the legislative authority, the executive authority, and the judicial authority), and developing solutions that guarantee addressing the bitter political reality according to the principle of legitimacy.

In our study of this topic, we followed the descriptive and analytical methods to analyse the texts of the Constitution of the Republic of Iraq for the year 2005 related to the subject of the study. We divided the subject of the study accordingly into two sections as follows:

The first section came under the title of "Disabling the Constitution" and its differentiation from other related concepts and justifications.

The second section was titled "The Actual Disabling of Public Authorities According to the Constitution of the Republic of Iraq for the year 2005 and its Relation to the Principle of Legitimacy."

We concluded the study with a conclusion that included a sentence of results and recommendations. One of the most important results we reached is that :

The relationship between the actual disabling of the constitution and legitimacy according to the Iraqi Constitution for the year 2005 is manifested in the failure of rulers to commit to the principles contained in the constitution and intentionally neglect them towards the principle of the constitution's supremacy and the principle of separation of powers, which are effective guarantees for the principle of  legitimacy.

As for the most important proposals and recommendations,

  1. We suggest that the Iraqi constitutional legislator addresses the flaws in the texts of the Constitution of the Republic of Iraq for the year 2005 by completing the constitutional amendments provided for in Article (142) of the Constitution and adding a text that includes the adoption of the principle of citizenship in the heart of the constitutional document and its application as the sturdy fence to safeguard the constitution from violations and achieve stability in the system of government and its institutions.
  2. To achieve constitutional justice, guarantee individual rights and freedoms, and legitimise the decisions of the Federal Supreme Court, we recommend that the Iraqi legislator expedite the enactment of the Federal Supreme Court Law to address the political crisis and overcome the impasse of the disabling.

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Publication Date
Wed Oct 30 2019
Journal Name
Journal Of Legal Sciences
Territory independence according to the Constitution of the Republic of Iraq for the year 2005

One of the constituents of the autonomy of constituent units of the federal State is the existence of an independent legal existence and the right to self-organization, ie, the ability to organize itself freely and at its own volition, without being imposed by the federal authorities. It is the federal states or regions that establish their own constitutions as well as their domestic laws, political system and government regulations, in a manner not inconsistent with the federal constitution. Such an idea and its application in Iraq was the subject of our study entitled "Organic Independence of the Federal Regions in accordance with the Constitution of the Republic of Iraq of 2005".    

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Publication Date
Mon Dec 25 2023
Journal Name
Journal Of Legal Sciences
The Constitutional concept of National security policy under the Constitution of the Republic of Iraq for the year 2005

The Constitution of the Republic of Iraq for the year 2005 dealt with the policy of national security as an exclusive competence of the federal authorities, and the policy of national security as one of the forms of general policies that the constitution enclosed in privacy when it was stipulated in particular, and this policy also attracted the attention of comparative constitutional examples, as it stipulated the formation of specialized constitutional councils to undertake The process of developing and implementing this policy, or forming specialized institutions for this matter, and according to the national security policy, the unity of policies in the state is ensured and directed towards achieving the requirements of Iraqi nationa

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Publication Date
Wed Oct 07 2020
Journal Name
Journal Of Legal Sciences
The status of the Arabic language in the Constitution of the Republic o f Iraq for the year 2005: A comparative study

    The Constitution of the Republic of Iraq for the year 2005, in force and following most of the previous Iraqi constitutions and the constitutions of the Arab countries, states that Arabic is the official language of the state.  Recognition of the great and lofty status of it, it is the language sanctified by the Creator (Almighty), by choosing a language not written by Heaven and the dominant of them all (the Holy Quran).  In addition, it is also the endowment of lingual to the seal of his prophets and the leader of his messengers, the greatest Prophet Muhammad bin Abdullah (peace be upon him).  Moreover, this is what questioned the study of the rules of this constitutional demarcation of the Arabic lang

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Publication Date
Wed Feb 10 2021
Journal Name
Journal Of Legal Sciences
Granting Partial Confidence to The Ministry in Constitution of The Republic of Iraq 2005

The Topics of Granting Confidence to the Ministry is a Renewed Issue in the Constitutional and Practical Reality. This is important if we know that although the Constitution of the Republic of Iraq does not address this issue, the Federal Supreme Court of Iraq has established new provisions regarding the granting of partial confidence to the Government despite the clarity and openness of the text of the article (76) of the Constitution of the Republic of Iraq for the year 2005, and therefore this study attempts to answer the following questions: Does the Federal Supreme Court have the amendment of the constitutional text? Is it possible to consider the decision of the Federal Court a customary constitutional custom of deletion if we know

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Publication Date
Sat Dec 24 2022
Journal Name
Journal Of Legal Sciences
Constitutional Public Order and its Applications under The Constitution of The Republic of Iraq for The year 2005

This research deals with the idea of ​​a constitutional public order, determining its nature, and its applications in light of the Constitution of the Republic of Iraq for the year 2005, by reviewing the relevant constitutional and legal texts, and comparing them with the principles followed by the Federal Supreme Court on the one hand, as well as comparing the behavior of the Iraqi constitutional legislator with some Comparative trends relevant to this topic, especially in Egypt and France, in order to try to draw a road map related to this idea in Iraqi legislation and jurisdiction.

The importance of the research is the scarcity and lack of in-depth studies by constitutional jurists in Iraq despite their abundance in the wr

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Publication Date
Wed Oct 07 2020
Journal Name
Journal Of Legal Sciences
Political decentralization Under the Constitution of the Republic of Iraq for 2005: An analytical study

This research deals with political decentralization under the Constitution of the Republic of Iraq in 2005 in terms of reviewing the concept of the term and its pillars, as well as setting boundaries with other terms that converge with it such as administrative decentralization and autonomy. In order to answer an important question related to the evaluation of the effectiveness of the introduction of this system by the Iraqi legislator, and to indicate the obstacles that prevented the implementation of this system despite the passage of nearly a decade to the entry into force of the Iraqi Constitution, and then propose a road map to complete the construction of this system and its pillar.

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Publication Date
Sun Sep 01 2019
Journal Name
Journal Of Legal Sciences
Procedures of the parliamentary question Under the constitution of the republic of Iraq For 2005: دراسة مقارنة

من خلال دراستنا للسؤال البرلماني تبين لنا ان السؤال البرلماني يمثل اداة رقابية مهمة يتمكن النواب عن طريقها من متابعة نشاط الحكومة اضافة الى كونه قناة للتعاون بين السلطتين التنفيذية والتشريعية.

ان تنوع صور السؤال البرلماني وسهولة اجراءات طرحه وبساطتها والحيوية التي تمنحه فعالية الاداء ساهمت كثيرا في تصاعد استعماله كأداة رقابية برلمانية كما ان التطور المضطرد في الوسائل الاعلامية المرئية والمسموعة وال

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Publication Date
Wed Jul 01 2015
Journal Name
Political Sciences Journal
Electoral appeals and the separation of organic health In the Constitution of the Republic of Iraq for the year (2005)

الخلاصة

تعد الانتخابات بمثابة الطريق المؤدي إلى الديمقراطية كونها النمط الأكثر شيوعاً لمشاركة المواطنين في الحياة السياسية للبلدان واختيار ممثليهم في المجالس التشريعية، حيث أن مطلب إجراء انتخابات حرة ونزيهة لم يعد مطلباً داخلياً فحسب بل مطلباً دولياً يصرّ المجتمع الدولي على الوفاء به وهذا يلقي على عاتق كل دولة أن تضع من الضمانات ما يكفل ممارسة هذه الانتخابات ب

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Publication Date
Thu Feb 11 2021
Journal Name
Journal Of Legal Sciences
The Role of Supreme Fedral court in the Rationalization of lraq Parliamentary System According to the Coustitution of the Republic of Iraq 2005

      تعد تقنية العقلنة ([i]) تقنية تطويرية للنظام البرلماني تعمل على معالجة الانحرافات التي يمكن ان تحدث لهذا النظام سواء بفعل النظرية او نتيجة للممارسة السياسية، ولعل اول من تحدث بموضوع (البرلمانية المعقلنة) الفقيه الدستوري الروسي الاصل (بوريس ميركن) في فترة مابين الحربين العالميتين (الاولى والثانية) واراد بها تقوية مركز الحكومة لمواجهة البرلمان، وقد اخذ بها واضعوا الق

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Publication Date
Sat Dec 15 2018
Journal Name
Journal Of Legal Sciences
mbalance between the executive and legislative branches In the Constitution of the Republic of Iraq for 2005: A comparative study

The most important right parliamentary system features it is based on three key elements must be met in order for this system is characterized by Balbrlmana, and these features lie in cooperation and balance between the executive and legislative branches also lies in the equality between the two branches, and this can not be achieved unless there is a mutual understanding between them, and this understanding can only be achieved if all possessed the power of the media and the influence of pressure is what makes other power stands at a certain point

Therefore constitutional rules came in this system to decide the legislative authority of certain rights exercised in the face of the executive branch and check use effective on its wo

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