The Problem of Constitutions Imposed after the Change of Political Regimes – Iraq as a Model
- Author:
- Allawi Kadhim Hasan Albutsleeh Ali
- Level:
- Master
- Field of study:
- Low
- Language:
- Arabic
- Faculty:
- Faculty of Law
- Year:
- 2022
- Publisher:
- URD Press
- Supervisor(s):
- Mortadha Ilyasi
We dealt with the problem of constitutions imposed after changing political systems to constitutions as being the product of the free will of a people exercising their constituent power, especially when it comes to imposed constitutions. In recent years, there has been a great and renewed interest in the idea of imposing in the creation of constitutions, but constitutional jurisprudence studies do not yet provide a comprehensive resource for understanding the meanings, causes and consequences of imposed constitutions. imposed after the change of political regimes, by describing and analyzing the legal problems raised by this issue and dealing with the jurisprudential opinions on this subject, and also the study aims to shed more light on the circumstances and circumstances, whether those that preceded or those that accompanied the imposition of the Iraqi constitution that was approved in 2005 and knowing the effects of the imposition process of the mines and pitfalls of the articles of the imposed constitution that were intended to be placed in it, as a reflection of the policy of creative chaos adopted by the American occupation of Iraq in particular and the Middle East region. The subject of imposed constitutions is that it is a process that has not been settled in the jurisprudence of the constitution. Opinions differ on it. Who says that? To me, it is a suitable method for the situation of countries that were under dictatorial rule and it has been changed on the grounds that the peoples of those countries are not suitable for the sudden transformation of the democratic system. First, but the whole issue is not to detract from the will of the free peoples who must choose what suits them from the political systems and therefore they must have absolute freedom to write their basic system, as the results were manifested in that the emergence of constitutions may vary according to the circumstances in which each constitution exists and must be taken Taking into consideration when starting to draft the constitution, to avoid relying on specific and specific method or conventions such as contract, contract or grant methods, activating the role of civil society institutions and working to ensure their independence so that they are not subject in their work to any governmental or partisan agency.