تعطيل السلطتين التشريعية و التنفيذية لدستور جمهورية العراق لسنة 2005

Abstract EN

The political system established by the constitution includes, in addition to the organization of power, an organization of freedom, through which the group of public rights and freedoms of individuals is determined as the minimum recognized level in democratic systems.

Indeed, the constitution, and it guarantees an organization of the issues of power and freedom, but its practical value depends on Conduct of public authorities in the state, which implement its provisions.

As it has the duty to implement the constitutional provisions, to implement Salima, when exercising its competencies, to do so in the manner indicated in the constitution, and the constitutional legislator affirmsthe principle of the supremacy of the constitution.

The head of state is entrusted with the function of ensuring the implementation of the constitutional rules.

Nevertheless, there may be cases that require authorization for the head of state to exercise the power to suspend or stop the application of some texts contained in the constitutional document, in order to confront an extraordinary circumstance that threatens both the public and private interests, and leads to the undermining of the constitutional order itself.

The constitutional text may include the document that explicitly or implicitly authorizes the head of state to suspend some other constitutional provisions.

However, the head of state's possession of the power to suspend it may not find its basis in the constitution's provisions, but rather emerges as a phenomenon in political reality.

Suspending the constitution is considered a legitimate procedure, whose legitimacy derives from its cause and purpose and from the legal or constitution regulation that takes place under it.

The suspension of the constitution is also an imperative In other cases suspending the constitution is an Explicit violation of the law and the constitution.