مدى حرية النائب في تغيير انتماءه السياسي

Abstract EN

The freedom to change political affiliation is considered one of the public freedoms enjoyed by individuals alike, but the acquisition of the representative capacity makes this freedom subject to question about the feasibility of launching it for MPs by virtue of its incompatibility with the considerations required by representative representation, The question arises of the extent to which the approach adopted by the legislator in organizing this freedom is able to take care of the considerations related to the essence of representation, and the most important of these considerations are the will of the voters, the interest of the political party with which the deputy won in the elections, the stability of the political system and the ethical values related to the practice of representative representation and party work.

The interference of the legislator is not necessary in all cases, as resigning from membership in the parliament may be an inevitable moral sanction imposed by representative norms for every deputy who has changed his political affiliation during the parliamentary session, If this is not the case, then the legislator has the duty to intervene to create a balance between the freedom of the representative to change his political affiliation and his continued membership in the parliament, because the exacerbation of the phenomenon of changing political affiliation among the representatives leads to a crack in the political system, wasting the will of the voters and diminishing the value of representative representation.

Through our research marked (the extent of the representative's freedom to change his political affiliation), we will try to shed light on the limits of this freedom, the implications of it, and the positions of the legislators thereof, and to present a clear vision to the Iraqi legislator about its future regulation in line with the principles of the representative system that he adopted Article )1( of the Constitution Republic of Iraq for the year 2005.