The Constitutional Responsibility of the President of the Republic of Iraq: Omission in Regulation and Trial Problems
An Analytical Study
DOI:
https://doi.org/10.35246/z6ktxz30Keywords:
President of the Republic, Constitutional powers and duties, Federal Supreme Court, Constitutional responsibility, Constitutional trialAbstract
The post of President of the Republic occupies a high sovereign position in the constitutional structure of the federal authorities. The constitutional legislature has paid great attention to the competencies and responsibilities of this post and its importance in critical and sensitive times and circumstances, and has devoted numerous articles and provisions to this end. Although Iraq's political system is a parliamentary republic, the Constitution did provide for the possibility to hold the President accountable to the Council of Representatives, but it is not fully detailed and is not a ground for his dismissal or relieving him from office. This step can only be taken if the Federal Supreme Court finds the President of the Republic guilty of a specific constitutional violation, such as violating the Constitution, perjury of the constitutional oath, and committing high treason. Due to constitutional and legislative omissions in this domain, and in accordance with the Constitution, the President of the Republic may be convicted only by the adoption of a specific legislation laying down rules on the procedure for bringing charges and on the trial of such accusations before this court. However, no step has been taken to address this legislative deficiency, which has led to the failure of all attempts to constitutionally trail the President. The Federal Supreme Court attempted to bridge this deficiency on its own through its internal regulation. However, this measure is inconsistent with the Constitution, and the attempt was ultimately overturned by a new internal regulation. Therefore, it is crucial to address this deficiency to ensure maintaining balance between the constitutional competencies and duties of the President of the Republic, as well as to avoid allowing him to evade potential trial by the constitutional court.
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Books:
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Scientific Research and Articles:
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Legal Texts:
XXII. Constitution of the Republic of Iraq of 2005.
XXIII. Iraqi Penal Code No. (111) of 1969, as amended.
XXIV. Order No. (30) of 2005, Federal Supreme Court Law, as amended.
XXV. Law on the Election of the Vice Presidents of the Republic No. (1) of 2011.
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XXVII. Law of the Independent High Electoral Commission No. (31) of 2019, as amended.
XXVIII. Internal Regulations of the Federal Supreme Court No. (1) of 2005, repealed.
XXIX. Internal Regulations of the Presidency of the Republic No. (1) of 2015.
XXX. Internal Regulations of the Federal Supreme Court No. (1) of 2022, repealed.
XXXI. Internal Regulations of the Council of Representatives No. (1) of 2022.
XXXII. Internal Regulations of the Federal Supreme Court No. (1) of 2025.
Federal Supreme Court Decisions:
XXXIII. Federal Supreme Court Decision No. (3 and its consolidated case 16/Federal/2025) dated February 12, 2025.
XXXIV. Federal Supreme Court Decision No. (9/Federal/2023) dated November 14, 2023.
XXXV. Federal Supreme Court Decision No. (101/Federal/Media/2017) dated November 17, 2017.
XXXVI. Federal Supreme Court Decision No. (121/Federal/Media/2017) dated November 15, 2017.
XXXVII. Federal Supreme Court Decision No. (80/Federal/2017) dated August 15, 2017.
XXXVIII. Federal Supreme Court Decision No. (65/Federal/Media/2017) dated August 3, 2017.
XXXIX. Federal Supreme Court Decision No. (41/Federal/Media/2017) dated June 13, 2017.
XL. Federal Supreme Court Decision No. (10/Federal/2009) dated May 26, 2009
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