Preferred Language
Articles
/
jols-624
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.

Crossref
View Publication Preview PDF
Quick Preview PDF
Publication Date
Fri Jun 01 2018
Journal Name
Journal Of Accounting And Financial Studies ( Jafs )
The reality of corporate tax and its role in the tax Revenues in Iraq: An analytical study for the years 2005-2010

This study showed the basic features of corporate tax in Iraq by showing what was in the Income Tax Law in force .The study aims of this to indicate the role of tax corprates in tax revenue and then the possibility of strengthening the revenue of this tax as an important source of local funding sources in the form that is with him reduce dependence on oil revenues to finance the general budget in Iraq, the risks and the study found a number of conclusions from the most important: that the corporate tax comes in the introduction to the components of the income tax structure in terms of relative importance and formed a revenue source of prime The gross proceeds of the income tax in Iraq, where it contributed to more than a quarter of that

... Show More
Crossref
View Publication Preview PDF
Publication Date
Sun Dec 01 2019
Journal Name
Journal Of Accounting And Financial Studies ( Jafs )
The Impact of Public Spending on Kaldor's Square Variables in Iraq for the period (2005-2016).

The paper aims to measure and analysis the impact Public Spending on Iraq economy (Kaldor Variables).

 (variables of the magic square Kaldor) and them in after 2003.

The paper adopted econometric Methods to test the stationarity of the Variables under consideration. For the period (2005-2016) by using multiple regression and estimation the Impulse response function (IRF), by adopting Eviews 10 program.

The results of Impulse response function for the following five-years after the period under consideration reflexes that public expenditure (PEX) was fluctuating between positive and negative in all the variables of the research and this shows the fragility of the performance of fiscal policy in Iraq.

T

... Show More
View Publication Preview PDF
Publication Date
Thu Jan 31 2019
Journal Name
Journal Of Accounting And Financial Studies ( Jafs )
Analysis the Expected Profit By the Relation Between the Sustainable growth and Actual growth: Apply Study for Iraq Stock Exchange

The research aims to analysis the future profits of companies listed on the Iraq Stock Exchange through analyzing the relationship between Actual Growth and Sustainable Growth, The study was applied to the sample of companies included in the Iraq Stock Exchange for the period (2010- 2014), The Internal Growth Rate has been used as a measure for the Actual Return Rate but the Sustainable Growth Rate has been measured under the Rose model, The research showed group of conclusions, the most important are:1. From the analysis of sustainable growth for the banks sample and the variables involved in its measure shows that investment in the investors amounts have achieved a significant return, which demonstrates the company's efficiency at gene

... Show More
Crossref
View Publication Preview PDF
Publication Date
Sat Jun 01 2019
Journal Name
Journal Of Economics And Administrative Sciences
Freedom of movement of capital and its impact on the effectiveness of monetary policy In Iraq (2005-2016)

The interest in the issue of capital movement as an economic phenomenon has increased because of its effects and effects and its ability to influence the economic balance and the effectiveness of monetary policy. All countries seek to attract capital and benefit from it because of its effects and results such as supporting economic development process and optimal allocation of economic resources. The problem of the financing gap that most countries suffer from, and others, but sometimes the movement of capital creates challenges for monetary policy makers in achieving their goals.

   After 2003, the Iraqi economy witnessed an openness and economic liberalization unlike previous years, which

... Show More
Crossref
View Publication Preview PDF
Publication Date
Wed Feb 20 2019
Journal Name
Political Sciences Journal
Development and democracy in the Republic of Korea study in dialectic relationship

After its 35-year occupation of Japan and the US occupation, Korea has set its sights on a long-term goal of building its country and establishing its foundations, unobtrusive and unchecked by the problems and wars that have stood in the way of its goal, surpassing all odds and achieving the best results. The most powerful Asian and global economies, which gained the respect of the world and its appreciation of the experience has become referred to as boys

Crossref
View Publication Preview PDF
Publication Date
Thu Mar 01 2012
Journal Name
Journal Of Economics And Administrative Sciences
Analysis of the relationship between the degree of economic freedom and foreign trade of selected developing countries for the period (1990-2005) *

Is a high degree of economic freedom an important part in the development of the economies of developing countries in the last decade of the twentieth century and the beginning of the twentieth century and the atheist. This is because a test subject (deltoid analysis of the relationship between the degree of economic freedom and foreign trade of selected developing countries for the period
( 1990 -2005) to determine the degree of economic freedom in foreign trade promotion in Singapore and Turkey. The research recommends a number of  recommendations, the most important is the responsibility of the Ministry of Planning in Iraq that is providing the necessary data for the Fraser Institute, the aim of increasing cooperation

... Show More
Crossref
View Publication Preview PDF
Publication Date
Thu Oct 18 2018
Journal Name
Al–bahith Al–a'alami
Watching Cultural Programs in Satellites Channels tv and Its relation to the actual reading of the book

The research is based on an important subject according to the researchers' estimations. It is the disclosure of the nature of the relationship between Watching to cultural programs in satellite channels and the book's vision of the intellectual, and the pursuit of purchasing and acquiring it It is a scientific addition to the scientific research media because it deals in the field of new about the nature of the relationship between satellite programs and writers, and it provides a scientific development on the importance of satellite channels in the promotion of the book and sales of intellectual elite. The study examined the audience of the recipients of literature for cultural programs, the nature of the public, characteristic

... Show More
Crossref
View Publication
Publication Date
Sat Aug 20 2022
Journal Name
Journal Of Legal Sciences
The legal regulation of the distribution of parliamentary seats in Iraq under the law (45) for the year 2013 amended and its effects on the value of the parliamentary seat

   The search came under the title "The Legal division of the distribution of seats in Iraq under Law No. (45) for the year 2013 and its effects on the value of the seat of Parliament)" as part of the response to the requirements of the current circumstances that are going through Iraq, after the experience of each of the electoral experiments that we are waging every four Nawat to elect a new house of representatives that cries out for amending the distribution systems of parliamentary seats, so that some have imagined that the devil is behind all the darkness of the crises in society, and that it is inevitable to believe that the distribution systems of the parliamentary seats is a legal ploy to confiscate the will of the peo

... Show More
Crossref
View Publication Preview PDF
Publication Date
Sun Feb 03 2019
Journal Name
Journal Of The College Of Education For Women
The evolution of demographic variables and their relationship to the demographic opportunity in Iraq and the possibility of investing

The variables of quantitative and qualitative Population role in the economic development process and it was said the human center of development and population is the goal of development and its tool , and Iraq suffers from problems in the economic growth and the standard of living and development in general, and if I want him evolution and development sectors must pay for these demographic changes especially , to study and that invest Pmaasb in the interest of the man
The study of the demographic situation in Iraq and at the provincial level to track paths demographic change and its impact on the entry of Iraq to the demographic window due to the change in the age structure of the population and how to use them and invested well in

... Show More
View Publication Preview PDF
Publication Date
Sun Jan 08 2023
Journal Name
Journal Of Planner And Development
Statistical Evaluation of the Planning Process and Scheduling Management for Irrigation and Drainage Projects in the Republic of Iraq

The Research aims to investigate into reality in terms of planning and scheduling management process for sake the implementation and maintenance of irrigation and drainage projects in the Republic of Iraq, with an indication of the most important obstacles that impede the planning and scheduling management process for these projects and ways of addressing them and minimizing their effects.                                                  For the purpose of achieving the goal of the research, a sci

... Show More
View Publication Preview PDF