Title: The extent of the possibility of amending the Iraqi constitution in force for the year 2005
Abstract: AbstractThe constitution is the legal document that contains within it the constitutional rules issued by theconstituent authority in the state, which show the source of authority and the organization of its exerciseand transfer and the relationship between those who hold it, as well as those related to basic rights andfreedoms and sufficient guarantees to protect them. The existence of the constitution in a country isone of the guarantees that can protect Democracy and work on the separation of powers and thepeaceful transfer of power. It is the main source of all legislation, so legal legislation should notcontradict the principles of the constitution, and it is the responsibility of the drafters of the constitutionto keep pace with the existing conditions while drawing a future picture of the country, keeping pacewith social, political and economic developments. Therefore, constitutions set special mechanisms toamend them if the need arises. The Iraqi constitution in force for the year 2005 drew two mechanisms foramendment; the first is Article (142). Which he considered an exceptional way to take into accountsome political blocs and obtain their approval on the constitution and the stability of legal conditions inthe country. The other mechanism was According to Article 126, which is the basis for amending theconstitution, however, by extrapolating the provisions of that article, it becomes clear that theamendment is difficult, and we do not say that it is impossible, even if it is impossible in some of them.Therefore, it can be said that the Iraqi constitution is one of the static constitutions.
Publication Year: 2021
Publication Date: 2021-07-07
Language: en
Type: article
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