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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
Thu Jun 01 2023
Journal Name
Baghdad Science Journal
Determination of fungal and parasitic infections caused vaginitis: molecular identification of Candida parapsilosis in Al-Nasiriyah city, Iraq

The current study aims to determine the prevalence of Trichomonas vaginalis and Candida spp., and also to identify Candida parapsilosis and some virulence genes. It was conducted in Bint Al-Hoda Hospital of Maternity and Children in Thi-Qar province, south of Iraq for the period from the beginning of January to the end of December 2020. Two hundred and fifty samples were collected from the female genital tract for women whose age ranged between 17-50 years. Microscopic, traditional and molecular tests were used in the sample examination. The results recorded 12 (4.8%) samples infected with T. vaginalis parasite, whereas 130 (52%) samples showed Candida yeast distributed as follows: 75 (30 %) <

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Thu Aug 13 2020
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Public service motivation in public service organisations is one of the main problems that many developing countries have begun to experience, including Iraq. The public agenda is increasingly complex with reduced financial resources. In addition, these organisations have increased responsibilities with respect to the achievement of public goals and objectives as they are responsible for providing key services to members of the community (education, health and social work). This research is based on the degree of public service motivation among those working in health education and social work in public organisations, and aims to show the extent of the difference in the public service motivation of these employees according to di

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Thu May 04 2023
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Assessing the complete blood count in Graves’ ophthalmopathy patients treated with RAI-131 in Iraq

Introduction and Aim: Graves ophthalmopathy is one of the pandemic public health disorders in Iraq. The current investigation attempts to determine the variation in the complete total blood cells on the recovery of individuals with Graves' ophthalmopathy following low and high-dose Radioactive Iodine 131 (RI-131) exposures.   Materials and Methods: The complete blood CBC level in people with Graves' illness and healthy, normal controls were quantitatively identified using the CBC counter. Thyroid stimulating hormone was utilized to compare the recovery of ophthalmopathy patients in comparison to a control group.    Results: In comparison to healthy controls, patients with Graves' ophthalmopathy disease who received 10 mci of RAI-

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Belief about Medications Among Type 2 Diabetic Patients Attending the National Diabetes Center in Iraq.

Diabetes mellitus is a common health problem worldwide counting about 1.2 million cases in Iraq in 2015. Taking in account of the patient’s beliefs about the prescribed medication had been reported to be one of the most important factors that affects adherence where holding positive beliefs about medications is a prerequisite for intentional adherence. The aim of the current study was to investigate and assess beliefs about medicines among type 2 diabetic patients and to determine possible association between this belief and glycemic control as well as some patient-specific factors. This study is a cross-sectional study carried out on 380 (mean age 56.58± 10.06 years) already diagnosed T2DM patients who attended the National Diabetes

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Publication Date
Tue Feb 01 2022
Journal Name
Archives Of Razi Institute
Imipenem Resistance in Gram-Negative Bacteria in the Central Pediatric Teaching Hospital in Baghdad, Iraq

Antimicrobial resistance (AMR) is a serious challenge for infectious disease prevention and treatment, according to the World Health Organization. It is a worldwide problem caused primarily by inappropriate and insufficient therapy, misuse of antimicrobials without physician supervision, unnecessary hospital readmissions, and other factors. AMR has several consequences, including increased medical costs and mortality. The present study aimed to evaluate imipenem resistance in gram-negative bacteria in Central Pediatric Teaching Hospital in Baghdad, Iraq, and determine this bacteria resistance in different samples. Initially, a total of 100 different samples were collected from child patients from October 1, 2020, to August 31, 2021. Each is

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Publication Date
Sun Sep 11 2011
Journal Name
Baghdad Science Journal
The preparation and characterization of some metal complexes with tridentate ONO ligand derived from phenyl hydrazine

The phenyl hydrazine was react readily with acetic acid chloride in [1:2] ratio in alkyl of ethanolic solution, and refluxe for five hours to produce a new ligand of (N-Carboxymethyl-N-phenyl-hydrazino)-acetic acid [H2L].

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Publication Date
Mon Oct 01 2012
Journal Name
Al–bahith Al–a'alami
Skills of Media Marketing of the Public Relations Staff: (University of Baghdad as a Model)

Departments and offices of public relations and media in any institution or company is the most important departments that reflect the results of their work negatively or positively on their reputation. This goes beyond the trust and credibility that its internal and external audiences will give it. Where such matter requires the staff, working in these departments and offices, to have communication skills that qualify them to do the role of marketing the communication message. Yet, the communication skills of public relations and media staff vary from person to person depending on the communication position. This skill has two criteria: Achieving the communication goal and the speed in achieving it as a number of skills

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Publication Date
Tue Jun 01 2021
Journal Name
Journal Of The College Of Languages (jcl)
A comparative reading of the social and political satire in the works of Abu al-Fadl Zrui Nasrabad and Ahmad Rajab (The tadhk: خوانش تطبیقی طنز اجتماعی – سیاسی در آثار ابوالفضل زرویی نصرآباد و احمد رجب(مورد مطالعه: تذکرة المقامات زرویی و نصف كلمة احمد رجب)

           Satire is genre of the literary arts that has always been the source of human interest. Because  it is difficult to accept direct criticism, Satire appears as a literary tool in which vices, follies, abuses and shortcomings are held up to ridicule, with the intent of shaming individuals, corporations, government, or society itself into improvement. A satirical critic usually employs irony to attain this goal. Although satire is usually meant to be humorous, its greater purpose is often profitable social criticism, using wit to draw at

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Publication Date
Thu Dec 01 2016
Journal Name
Journal Of Alloys And Compounds
Optimization of sintering temperature for the enhancement of pyroelectric properties of lead-free 0.88(Na0.5Bi0.5)TiO3–0.084(K0.5Bi0.5)TiO3–0.036BaTiO3 piezoelectric ceramics

Lead-free 0.88(Na0.5Bi0.5)TiO3–0.084(K0.5Bi0.5)TiO3–0.036BaTiO3 (BNT–BKT–BT) piezoelectric ceramics were prepared using the conventional mixed-oxide method with a sintering temperature range of 1120–1200 °C. The effect of the sintering temperature on the crystal structure, microstructure, and densification, as well as the dielectrics, piezoelectrics, and the pyroelectric properties of BNT–BKT–BT ceramics were investigated. Scanning electron microscopy and X-ray diffraction were used to study the microstructures of the sintered samples. The results showed that the increase in sintering temperature was very effective in improving both the density and electrical properties. However, the samples deteriorated when the sintering te

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Publication Date
Sun Sep 01 2024
Journal Name
Baghdad Science Journal
Isolation and Identification of Flavonoid Compounds from Euphorbia Milii Plant Cultivated in Iraq and Evaluation of its Genetic Effects on Two Types of Cancer Cell Line

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