Compilation and Amendment of the Constitution A Comparative Study Between Iraq and Iran

The constitution is a branch of domestic public law that shows the form of government and the nature of the ruling system in it, and also specifies the powers of the government and how to exercise these powers, and determines the main freedoms of citizens and their duties towards the government. The main focus of this research is the constitution and the review of its compilation and amendment in the shadow of the laws of Iraq and Iran, which was conducted according to the comparative analytical research method. In this research, we have reached several results, such as, despite the variety of motivations for amending the constitution, which is caused by various conditions and its special situation, the superiority of the effect of political motivations over other motivations is evident, especially those motivations related to the redistribution of the powers of the law. It is essential between the capital and the regions, which, according to their area, has been done in order to achieve a balance between the two tendencies of separatism and unity in the composition of these countries, and this preserves the existence of that country and gives security to its stability. The drafting of the constitution is one of the most difficult and precise types of drafting due to the complexity of the problems it deals with, as well as the technical rules and formal and real limitations that the drafter must pay attention to. Therefore, we must distinguish between the stage of drafting the constitution and the stage of writing or drafting the constitution, because drafting is part of the drafting or writing of the constitution, so we see various opinions regarding the compatibility of these two processes; Based on this, the prevailing opinion tends to the politicization of the constitution making process, because the writing of the constitution with its various stages is not far from a purely political matter, which in most cases is associated with the important interests of large groups of society, especially politicians. Various constitutional experiences show that the process of establishing or writing the constitution is basically designed to be the result of a multilateral negotiation in which politicians try to control this process. The constitution is not one of human shortcomings and errors, which requires revision, no matter how high and progressive its texts are, they should be reviewed and revised. After testing the texts of the constitution, in the field of reality and showing new developments that require the correction of shortcomings as well as the change of popular opinions and the transformation of life, the need to revise the constitution and amend the parts that are not in line with the developments of society emerges because the constitution, It is the highest law that organizes the society, so the amendment of the constitution should be subject to certain provisions, because it is the reference of other laws. Amending the constitution is to ensure the strength of the legal structure of the government and the legitimacy of the process of changing its main legal texts. It is possible to distinguish between the constitutions of Iran and Iraq in terms of drafting and amendment. The difference between the two is that the constitution of the Islamic Republic of Iran is a full-fledged Islamic constitution, while the constitution of Iraq is not considered fully Islamic because Iraq is a secular country. Regarding constitutional amendment, both countries are subject to public referendum, but the referendum mechanism differs from country to country.