The actual disruption of the Iraqi constitution
- Author:
- Hassan Hashem Mohammed
- Level:
- Master
- Field of study:
- Law
- Language:
- Arabic
- Faculty:
- Faculty of Law
- Year:
- 2021
- Publisher:
- URD Press
- Supervisor(s):
- Morteza Elyassi
The constitution is described as the supreme law of the state. Hence, amending this law is indispensable to keep pace with the changes and developments that may occur in the political, economic and social conditions in the state. However, the method of amending the constitution varies according to whether the constitution is flexible or rigid, and even differs from a rigid constitution. to another according to the difficulty and complexity of the procedures to be followed in the amendment. While flexible constitutions are modified by the same procedures that must be followed in amending the ordinary law, and by the same authority sometimes, and thus the difference between them and the ordinary law fades in this aspect. One of the traditional examples of flexible constitutions is the English Constitution, noting that the character of flexibility is not associated with presence or absence. In unwritten constitutions, the constitution may be codified and flexible at the same time when the legislator does not require special procedures for its amendment, including the discrepancy of the authority competent to amend with a discrepancy parallel to the constitutional systems, in addition to the work in progress in some constitutions on the prohibition of amending some of its texts as Absolutely or within a certain period from the date of its entry into force under certain conditions that the country is going through. The constitution is the law on which the system of government is based and regulates the relationship between the various state bodies in accordance with the principle of legality and how rights and freedoms are protected. Every constitution is not devoid of formal and objective features and advantages that distinguish it from other constitutions. The states put these features in accordance with the nature, customs and history of the people of the state that wants to choose the best and most appropriate for it and its society. Therefore, it makes constitutional amendments, and here appears the impact of these amendments on these characteristics or features contained in the constitution Actual Constitution – Suspension of implementation of certain provisions of the Constitution without being formally announced. Rather, this can be observed by studying the political reality of the state and comparing it with the constitutional reality. If there is a difference between the constitutional reality and the political reality in a particular subject, this means that there is an actual imbalance in the provisions of the constitution that deal with this subject.