Review of Constitution (A comparative analysis study of the Iraqi and Iranian constitution)

The issue of reviewing the constitution is considered a necessary legal means in the various constitutional systems. It accompanies the changes taking place in different societies and at all economic, social, cultural, and especially political levels, and if the constitution is the supreme document in the state that defines the system of government and organizes the work of the authorities therein, and guarantees the rights of individuals and groups It embodies the aspirations of the people, but it remains in a limited intellectual space and requires in one way or another the requirements of development, while affirming its stability as legal rules that are binding and accommodating the movement of history and the requirements of progress. This is because it is evident that what is endless like “incidents and facts” is not controlled by what is endless and counted such as “the texts of the constitution.” And accordingly, the texts and rules contained in the constitution are not all sound so that no change will occur to them, as all of them are affected by the effects of circumstances and conditions and change with its change, so pests arise and accidents arise other than those that have been in the past of codifying the constitution and thus require a new ruling or obligate the abolition of an existing ruling, as well as those charged with writing The constitution, no matter what wisdom and knowledge they possess, defies them to predict what will happen in the coming days. Hence, we find that the constitution may wear it with some material and linguistic errors. The encounter of these leads to some effects that were not intended by the constitution, and the variation in vocabulary and meanings may lead to a difference in terminology, and the change of names leads to different names and different phrases lead to different considerations, and accordingly the Iraqi constitution in effect (for the year 2005) dealt with the amendment of the constitution in the articles ( 126) and (142), on the other hand, we note that the constitution of the Islamic Republic of Iran in 1979, when discussing the draft constitution, did not mention the principle in its time indicating the method of amending the constitution until after the issuance of the 1989 amendment, and the fourteenth chapter and seventh principle The one hundred seventy-one does not usually review the constitution, and we are trying in this research to conduct a comparative analytical study between the Iraqi and Iranian constitution on the subject of reconsideration, by dealing with it in three main chapters, which dealt with in the first chapter clarifying the review and distinguishing it from the suspected concepts and the importance it enjoys in a way. General, its inception, and historical precedents in the Iraqi and Iranian constitutions.

While in the second chapter I dealt with the subject of stages and conditions for amendment in Iraq and Iran.

As for the third chapter, it clarifies the positions and those responsible for the amendment of the Iraqi and Iranian constitution.

In the end, I have reached conclusions and recommendations that are included in the conclusion of this letter.