A study of the powers and functions of the President of the Republic According to the Iraqi constitution of 2005

Author:
Karar Karim Hashem
Level:
Master
Field of study:
Law
Language:
Arabic
Faculty:
Faculty of Law
Year:
2021
Publisher:
URD Press
Supervisor(s):
Hossein Zarwandi

The issue of the presidency in Iraq and the mechanism of his election and the responsibilities assigned to him and how to end his tenure and how he will be held accountable and his judicial procedures according to the Iraqi constitution adopted in 2005 are very important and significant because For Iraq, there has been a period of interim constitutions that can easily be changed after the first permanent constitution of Iraq in 1925 during the Iraqi monarchy, and this did not last long, and then other interim constitutions. Until the fall of the Ba’athist government in Iraq in 2003. After the fall of the Ba’athist regime, there was a temporary transition in Iraq that left the executive and the legislature in the hands of the executive until the Iraqi people voted for a permanent constitution in 2005, during which power was divided into three parts. It was announced that it includes the executive branch, the legislature and the judiciary, and then the executive branch was divided into two complementary positions, which are the presidency and the prime minister. Then, the working competencies of each of them were determined, and in this dissertation (research), we will examine the affairs and competencies of the president regarding the conditions of the candidate for the presidency, as well as the mechanism of his election and his competencies and powers. We will also examine him in the three branches, because in certain cases he has the judicial powers that the constitution has assigned to him and the legislative powers whose mechanism is stated in the text of the constitution, which in addition to the main powers and powers. He is the executive authority. After this constitution, he stated his work under normal circumstances and extraordinary circumstances, and also addressed the issue of his interrogation, inspection and trial. In addition, the Iraqi constitution provides for the mechanism and mechanism of the courts and the department responsible for trial and end-of-term procedures. He has identified the presidency and pointed to two common and exceptional methods. Then we examined the existing strengths that the constitution has approved, which the legislator should have determined, and because the constitution is a human activity and work, it undoubtedly has shortcomings and weaknesses. The researcher examines the Iraqi constitution, adopted in 2005, as a source of strong authority, which requires ongoing review through which to evaluate the work and activities of the three forces in accordance with what the constitution stipulates. The role of the president in Raqqa is examined and analyzed in accordance with the 2005 constitution, which recognizes him as part of the executive branch, and this role makes him, like the prime minister, in many of the executive functions performed by the executive branch. Gives be. The aim and purpose of this study is to study in detail the mechanism and mechanism of electing the President and the conditions set by the Iraqi Constitution in 2005, which must be present in a person who has been nominated for the presidency and The nature of the president’s work and his duties are in accordance with the constitution.