فصل السلطات في الدساتير العراقية : دراسة تحليلية

الملخص EN

The principle of separation of powers, the constitutional principles that aimed by the World revolutions and made sacrifices in the way of establishing this principle constitutional safeguard against the tyranny of the rulers and the personalization of power and the focus of the ruling, however.

This principle has been witnessed, advanced at the level of constitutional organization as it took the patterns in the organization of the relationship between the authorities, according to the different constitutions in the distribution of powers between the three bodies ways, as is the adoption of a certain amount of separation of powers a form commensurate constitutional and dominant ideology in every political system, and if was mentioned principle had been demonstrated in his debut in the form of the absolute separation of powers, the shapes or patterns that translated by this principle in the modern constitutions are based on the idea of cooperation between the authorities in a manner commensurate with the constitutional idea prevailing in each country, according to different circumstances, and diagnosed research and studies dealt with this principle, the four forms of Chairperson is organized by the principle of separation of powers, in the context of regulating the relationship between the state authorities, a parliamentary system based on representative democracy (parliamentary system, a presidential system, Majlisi system, mixed order), but this does not mean the absence of Systems Others are not contained in the said category.

In this context, the paper deals with the separation of powers principle in the Iraqi constitutions and that starting from the Iraq Constitution of 1925, which the Iraqi basic law and even the constitution in force of the Republic of Iraq for the year 2005, and highlights the images or patterns that emerged out of this principle in constitutional documents under study, to get to know the position of this principle and to clarify that make up the image by studying the relationship between the authorities and as defined and detached by the constitutional document.