The position of the Iraqi Constitutions on the Constitutionality and Legitimacy of the Laws Issued

Author:
SHUROOQ ABDULHUSSEIN MALIK Al-GHANIMI
Level:
Master
Field of study:
Law
Language:
Arabic
Faculty:
Faculty of Law
Year:
2022
Publisher:
URD Press
Supervisor(s):
Maytham Nemati

The research that I present is a study that includes the official positions of the Iraqi constitutions towards the laws issued by the legislative authority, In terms of the legality of these constitutions and in terms of their legitimacy and over a period of nearly a century since the founding of the Iraqi state in 1920 until the present time, And how the successive Iraqi constitutions were not the same in their positions on legality and legitimacy, This is due to the fact that it was affected by the political situation of the country when it was issued, drafted and the composition of its contents, Which has gone through different periods of time in terms of circumstances and the transition from monarchy to republic and important, successive and continuous changes in the situation of governments, Which was reflected in the articles of constitutions and the texts of issued constitutions and on dealing with laws, even after the occupation of Baghdad and the transitional period that Iraq went through during that period and what happened after it. The scope of the research discusses the temporal dimension of the Iraqi constitutions and clarifies an important question which is the violation of the laws issued for the constitution and their non-conformity with it, which makes them unconstitutional. Through our research, we are making a full and complete clarification of this problem, which crystallizes in the illegality of laws due to their unconstitutionality Thus, we have answered the main question of the research, which is whether the Iraqi constitution, when it is applied, conforms to the laws issued, What is the position of each constitution on the constitutionality of laws? Measures have been taken, including the issuance of instructions on this subject, and there are many suggestions so that the issued laws enjoy constitutionality and legitimacy. Here, we conclude that the difference between the promulgated law and the applicable constitution means the illegality or illegality of the promulgated law, This affects scientific institutions, courts, ministries and government institutions in how they apply laws and the possibility of objecting to them, The research method is the type of investigation, and it is a synthetic method consisting of an explanatory and analytic method, In addition, Iraq was one of the first Arab countries to adopt judicial control over the constitutionality of laws in the first constitution of the Iraqi state in 1925. And most importantly of all, the constitutional legislator, after the fall of the previous regime, settled the issue and took judicial oversight over the constitutionality of laws. Whether it is in the Law of Administration for the State of Iraq for the Transitional Period or in the Iraqi Constitution of 2005 in force, This is very important and dangerous because we have just emerged from the eras of dictatorship and tyranny, Hence, establishing the principles of democracy and building a state of law is one of the most important priorities, especially in the field of the constitution and oversight of the constitutionality of laws.