تدرج السلطات في دستور جمهورية العراق لسنة 2005 : دراسة تحليلية

الملخص EN

The philosophy of redefining the constants of some forms of government, to produce rules that establish the idea of collective rule based on preventing all aspects of concentrating the functions of the state in the hands of the executive power contrary for strengthening the representative (legislative) organ, is based on the belief that this stops the executive authority at its borders and prevents its tyranny, To be transformed into a mere ) organ that will follow the orders of the parliamentary body and help it implement its policy and be accountable to it for its erroneous actions.

However, what is absent from this philosophy is that although it appears at first glance to be more democratic, its results may be otherwise.

For the consolidation of power in the hands of one entity, even if this body is elected, may sometimes lead to tyranny and tyranny, This is more dangerous to individual liberties and rights, because the tyranny of the ) organ lies hidden behind the popular sovereignty and the will of the nation.

Moreover, the idea of multiplying the functions of the state and dividing them into ) organs that contribute to each other's activities and stands in the other face if they seek to transcend the boundaries of their functions, thus creating a horizontal relationship Between ) organs ensures the existence of two cooperative and equal authorities, each working within the limits of its competence guaranteed by the Constitution.