Drafting constitutional texts and their impact on the regulation of rights and freedoms, a comparative study between Iraq and Iran according to the Constitution of the Republic of Iraq for the year 2005م and the amended Constitution of the Islamic Republic of Iran for the year 1979

The constitution is the supreme legal document in the country, through which the formation of powers in the state is regulated, whether regulating the legislative, executive or judicial authorities. Moreover, it regulates rights and freedoms. Therefore, in this position that it occupies, the texts of its rules should be of great accuracy, clarity and specificity. By referring to the Constitution of the Republic of Iraq for the year 2005م, we find that it was written in a different way from the previous constitutions. In addition, it differs from the way the Iranian constitution was written.  We have shown that the problem of the study lies in whether the concept of drafting is a clear concept for the author of the constitutional texts, Especially since most of those who wrote the texts of the Constitution of the Republic of Iraq are not specialists in the matter of constitutional drafting.  And then we explained the solution to the problem of the study through three chapters that included reconsidering the texts of the Constitution of the Republic of Iraq to make it simulate the social need and regulate its external behavior. With this, we may reach the best formulations related to the constitutional texts in order to achieve good or rational governance under the Constitution of the Republic of Iraq for the year 2005م, With an explanation of the provisions for the drafting of constitutional texts, And we explained the implications of regulating rights and freedoms when drafting texts, Through our study, we reached a set of results, the most important of which are:

The Constitution of the Republic of Iraq of 2005م contained many formal and substantive drafting defects, And that the process of drafting constitutional texts passes through several stages, namely the stage of preparation, writing, voting and publication. At the end of our message, we concluded with a set of recommendations, the most important of which are:

Expedite the formation of a committee to amend the constitution, in order to avoid the deficiency, ambiguity and conflict contained in the Iraqi constitution based on Article (126) or Article (142) of the Iraqi constitution in force for the year 2005م.