Constitution
3 articles filed under this keyword.
The Change of Democracy in Iraq
Qadr Watman Rasull, Muhamed Sabr Karim
Re-establishing relations between citizens and governing in states that have been governed by dictatorship for decades is a very difficult process and requires the creation of a favorable environment. On the other hand،, it has its own mechanism and procedures،, which cannot be achieved by the existence of certain elements of democracy،, which complicates the process of democratic change، the dominance of nature and undesirable negative characteristics in the reality of the state and its political society. Examples of the weakness of cultural democracy، the experience of political pluralism and the implementation of tribal characteristics. From here, the political reality of the Rwpublic of Iraq after 2003 is largely a reality dominated by the nature of hegemony. After nearly four decades of domination of several dictatorial political systems whose constitutions contained non-democratic articles and paragraphs or at best the democratic principles of governance and followed the dictatorial form of power on the ground in the most widespread manifestations with the most extreme views. This reality in the governing system will be completed in 2003 after an international military operation. The reorganization of political life in this country will be one of the most important issues of the new post-dictatorship political process.
Volume 12 · Issue 1 · February 2025The Role of Constitutional Institution in Achieving of National Participation
Peshawa Hamid Abdalla
As the supreme law of a state, the constitution establishes the framework for public constitutional institutions and delineates the mechanisms through which they exercise their authority. Serving as the cornerstone of a state's legal system, these institutions are bound by the provisions of the constitutional text. National partnership, inherently rooted in the state, necessitates realization within the state, which serves as the ultimate institution. This partnership is manifested through participation in the formation of public institutions and the exercise of their powers. Moreover, national partnership is intrinsically linked to the public interest, signifying a collaborative endeavor among the state's components and citizens in the governance of state affairs through its institutions. This, in turn, strengthens the bond between the state and its citizens, ultimately leading to the consolidation of a national state. This study, titled "The Role of Constitutional Institutions in Achieving National Partnership," addresses a central theme within constitutional law, both conceptually and practically. It seeks to elucidate the role of constitutional institutions in fostering national unity while identifying the discrepancies between constitutional provisions and practical realities. The research is grounded in the 2005 Iraqi Constitution, which adopted a parliamentary, democratic, federal system. This constitutional framework is conceptually built upon the principle of national partnership among the components of the Iraqi state, as enshrined in the constitution's preamble and its provisions. However, certain practical challenges may arise in the implementation of this partnership. To comprehensively address the subject, the research focuses specifically on the primary constitutional institutions namely the legislative, executive, and judicial bodies. The study is organized into three sections: the first examines the role of the legislative branch in fostering national unity, the second delves into the role of the executive branch, and the third explores the role of the judiciary. The conclusion summarizes the findings and presents recommendations.
Volume 9 · Issue 1 · March 2022The Legal Dimensions of the March Events in Southern Kurdistan (1991) in the Light of Constitutional Thought
Ibrhim Salih Qadir AL-Barznji
This research entitled “The Legal Dimensions of March Events (1991) in Southern Kurdistan in the Light of Constitutional Thought” is a legal scholarly article that deals with the events of the (uprising) and (Million Migration) of citizens of Southern Kurdistan, which took place in March 1991. This research relays on Analytical Method to present and analyze the opinions of thinkers and scholars of the constitution for the purpose of determining the correct legal nature of these events. As well as from the standpoint of constitutional thought and legal documents that has a constitutional nature and the perspective of the constitutional founders , the research deals with the issue of the constitutional legitimacy of the phenomenon of revolution and mass uprising, and the researcher has interpreted and analyzed the legal implications of the events of March (1991) in Southern Kurdistan, and in conclusion, the researcher came to the conclusion that: These events, in terms of their nature or legal adaptation, are a “revolution” and have had legal implications for the political and legal system in Kurdistan Region-Iraq. As well as had negative legal effects on the sovereignty of the Iraqi state at that time.