The Possibility of Amending the Constitution from the Parliamentary System to the Presidential System in Iraq

The constitutional document is considered the supreme law of the country. The constitution outlines the form of the state’s system of government, its political system, and its public policy. The issue of constitutional amendment is raised for certain reasons, these reasons may be political reasons related to the political process of the state or to the persons in charge of the political process and may relate to the political system in general, and the reasons for which the constitutional amendment process is raised may also be social reasons related to society in general. This issue may also be raised for personal reasons, and this is a kind of reason related to certain people, and often these people are heads of state. The head of state may amend the constitution in order to extend the term of his presidency or add a text that allows himself to assume power again. This is known that the system of government in Iraq after 2003 is the parliamentary representative system as approved by the 2005 constitution. However, this (parliamentary) system was not successful in managing the Republic of Iraq, as it did not prove its worth in meeting the requirements of the Iraqi people over these years, which are more than sixteen years. Therefore, I demanded The vast majority of the Iraqi people amend the 2005 constitution. And changing the system of government in it from the parliamentary system to the presidential system, and it is known that the constitution of Iraq for the year 2005 is a rigid constitution and requires special procedures for amending it that differ from those procedures by which ordinary laws are amended. Therefore, the Iraqi constitutional legislator has limited the procedures for amending the constitution to two articles stipulated At its heart are Article 126 and Article 142, which are rather difficult and lengthy procedures. The Iraqi constitution also indicated that it is prohibited to amend it through these articles. Our main question in this research was: What is the possibility of amending the Iraqi constitution from the parliamentary system to the presidential system? Her answer is that the Iraqi constitution has stipulated its amendment in two articles thereof, which are 126 and Article 142, as these two articles showed the possibility of amending the Iraqi constitution of 2005 in force. As for the approach that we followed in this letter, it is the analytical method that includes interpretation and evaluation; And that the issue of the connection of our research with the science of constitutional law is a fundamental link because it is related to the constitution itself; The necessity of our research lies in the fact that it addresses a very important issue. It is a matter of amending the constitution and changing the system of government in the constitutional manner.