The Constitution of the Republic of Iraq of 2005: between the mechanisms and the necessity of amendment
DOI:
https://doi.org/10.35246/fctx6z83Keywords:
Constitutional amendment, Problems of constitutional amendment, Mechanisms of constitutional amendmentAbstract
The Constitution of the Republic of Iraq of 2005 is considered an important transformation in the constitutional life in Iraq and represented the beginning of an important phase in its political history. As a result of the change in the political system in 2003, this constitution was written in a very sensitive and complex circumstance. However, on the other hand, it represented an important opportunity to reformulate the political system and the form of the state and draw the boundaries of public rights and freedoms on new foundations. Although constitutional experiments in the world often stipulate mechanisms for amending them according to need and the development of circumstances and are classified accordingly as flexible and rigid constitutions, the Iraqi constitutional experience, as a result of many factors, stipulated two mechanisms for amending the provisions of the 2005 Constitution. The Iraqi Constitution, although its articles were designed to be a relatively rigid constitution, it stipulated a mechanism for a comprehensive, exceptional, and one-time review of its provisions. In addition to and as an exception to the regular amendment contained in Article 126. From another angle, the debate over whether or not the amendment is necessary represents another important axis for any serious discussion about the future of constitutional reform in Iraq between those who see the necessity of the amendment to overcome the negatives of the establishment stage and those who believe that the existence of this newborn has not yet been completed so that will be tried for not enacting most of the laws complementary to its implementation.
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References
First, books:
I. Al-Yaqoobi, Ali, 2012, The 2005 Diversity Reconciliation and Assembly Constitution, 1er edition, Universities Europe Edition, Allemande.
II. Abdel Zahra, Atheer Idris, 2011, The Future of the Constitutional Experience in Iraq, 1er edition, Beirut.
III. Al-Yassin, Muhammad Ali, 1964, Constitutional Law and Political Systems, 1er edition, Al-Ma’arif Press, Baghdad.
IV. D. Al-Hindawi, Jawad, 2010, Constitutional Law and Political Systems, 1st edition, Al-Arif Publications, Beirut.
V. D. Fayyad, Amer Hassan, 2023, Rationalizing Politics and Rationalizing Politicians, 1st edition, Rwaq Baghdad Center for Public Policy, Baghdad.
VI. D. Shubar, Rafi’ Khader Saleh, 2016, Separation of the Executive and Legislative Powers in the Parliamentary System, first edition, Al-Sanhouri Library, Baghdad.
VII. D. Shubar, Rafi Khader Saleh, 2018, Constitutional Principles and Institutional Formation of Federal Authorities, 1st edition, Zain Legal Publications, Beirut.
VIII. TURPIN, Dominique, 2007, Droit constitution, 1st edition, puf, Paris
IX. The Iraqi Institute for Thought Dialogue, 2013, The Permanent Iraqi Constitution: Its Pros and Cons, 1st edition, Baghdad.
X. Lijphart, Arend, 1977, Democracy in Plural Societies: A Comparative Explanation, New Haven, Yale University Press, US
XI. Maurice, Croisat, 1999, The federation in contemporary democracies, 3rd edition, Paris
Secondly: Published research and studies:
I. Dr. Talib, Musaddiq Adel, 2018, Commentary on Federal Supreme Court Decision No. 54/Federal / 2017 (Temporary Constitutional Amendments to the Constitution of the Republic of Iraq for the year 2005), Journal of Legal Sciences / College of Law - University of Baghdad / NO. 2. https://doi.org/10.35246/jols.v33i2.70.
II. Al-Musawi, Judge Salem Rawdan,2019, The concept of periods in the Iraqi Constitution and their implications in light of the decisions of the Federal Supreme Court, Al-Hiwar Al-Mutamaddin – NO. 6321
Third: Laws and legislation:
A- Constitutions:
I. Constitution of the Republic of Iraq of 2005
II. Constitution of the Republic of Tunisia for the year 2022
III. Constitution of the Third French Republic in 1875
IV. Federal Constitution of the Swiss Confederation in 1848
V. The Federal Constitution of Austria
VI. The Spanish Constitution in 1978
B: Laws:
I. Federal Supreme Court Law No. 30 of 2005
Fourth: Judicial decisions:
I. The decision of the Federal Supreme Court, No. 16/Federal 2022 dated 2-3-2022. published on the official website of the Federal Supreme Court, at the link www.iraqfsc.iq
II. The decision of the Federal Supreme Court, No. (237/Federal/2022) dated 12/20/2022. published on the official website of the Federal Supreme Court, at the link www.iraqfsc.iq
III. The decision of the Federal Supreme Court, No.23/Federal/2007. published on the official website of the Federal Supreme Court, at the link www.iraqfsc.iq
IV. The decision of the Federal Supreme Court, No. 90/Federal/2019 dated 4/28/2021. published on the official website of the Federal Supreme Court, at the link www.iraqfsc.iq
V. The decision of the Federal Supreme Court, No. 154/Federal/2017. published on the official website of the Federal Supreme Court, at the link www.iraqfsc.iq
VI. The decision of the Federal Supreme Court, No. 71/Federal/2019 dated 4/28/2021. published on the official website of the Federal Supreme Court, at the link www.iraqfsc.iq
VII. The decision of the Federal Supreme Court, No. 89/Federal/2019. published on the official website of the Federal Supreme Court, at the link www.iraqfsc.iq
VIII. The decision of the Federal Supreme Court, No. 59/Federal/2012 dated 2/15/2022. published on the official website of the Federal Supreme Court, at the link www.iraqfsc.iq
IX. The decision of the Federal Supreme Court, No. No. 73, 79, 89, 103, 104, 114, 118, 144 and 145/Federal/2023 dated 8/28/2023. published on the official website of the Federal Supreme Court, at the link www.iraqfsc.iq
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