المواد الخلافية في دستور العراق لعام 2005 والحلول المقترحة

Abstract EN

Is known that there are no rules for taking the situation for granted.

constitutions and these rules differ according to the political circumstances of the country that made the constitution, as it is difficult to agree on the existence of a method that can be generalized to all countries, whether they are democratic or nondemocratic.

the constitution, being a regulator of the exercise of political power, has a dual content.

on the one hand, it appoints the rulers who have the right to decide in the name of the state.

it defines their powers and functions and how they exercise these powers and functions.

on the other hand, it expresses the belief that the rulers adopt and rely on in the political organization of the state.

however, constitutions are mostly not written by the people, but by the active political forces.

those political forces write what they believe in in the constitution, not what the people believe in.

then they market it to the people to vote.

the best example of this is the 2005 Iraqi constitution, which raised many disputes from its texts related to matters there is a lot of task related to the federal state, the identity of Iraq, national wealth, the Kirkuk issue and other important issues.

to reach a solution to these problems, it is necessary to amend the constitutional texts that cause these differences.

the amendment is either partial in accordance with article 126 and according to difficult but not complicated procedures.

also, the constitution can be amended comprehensively through the amendment committee referred to by article 142, which practiced its work but did not complete its work due to the end of the constitutional period for its work, but it is possible to review the work of this committee through partial amendment of the constitution to allow the commission to resume its work.