التعطيل الفعلي في دستور جمهورية العراق لعام 2005

Abstract EN

The public authorities in the state sometimes deliberately ignore the implementation of some provisions of the constitution or the constitution completely, and for this they leave the implementation of some of its provisions or relinquish some of its provisions for a period that may be long or short, with what is called constitutional obstruction, and what the latter contains of the violation and transgression of the principle of the supremacy of the constitution, which It is the most prominent manifestation of the principle of legality, which should prevail and transcend the nation state.

And, the reality of political systems indicates that constitutional texts are subject to suspension of their provisions in two cases; The first finds its support in the constitutional organization itself, and the second we find its support in the political reality represented in the non-application of the provisions of the constitution or their application in a manner different from their content.