Powers of the President of the Republic of Iraq According to the 2005 Constitution

Abstract

There is no valid and successful system of government that can be applied to all countries.  Rather، countries search for a system of government that is consistent with the social and cultural specificity and political structures that exist in the country. This depends on the nature of the stage that the country is going through. Countries may adopt a presidential system and others may adopt a parliamentary system or a system of government. The Parliamentary Assembly، and the state may adopt a system that is a mixture of all of these systems in order to be consistent with the needs of that state. Iraq is like other countries، so we will talk about the nature of the system of government in Iraq and then we will discuss the powers of the President of the Republic in accordance with the Iraqi Constitution of 2005.

The Iraqi Permanent Constitution of 2005، in Chapter One، referred to the basic principles in Article One: The Republic of Iraq is a single، independent، federal state with full sovereignty، with a democratic republican، representative (parliamentary) system of government.

The research hypothesis is based on the idea that the main reason behind adopting the federal system is the fear that haunts the components of the return and dominance of one over the other and the return of injustice، tyranny and dictatorship.

The problem of the research lies in the following: - Although the permanent Iraqi constitution adopted a federal system، the researcher wonders about the intention of the Iraqi legislator in not referring to the federal character or nature and being satisfied with the federal system، and at a time when the Iraqi state administration law for the transitional period referred to the federal character. - Federal، as the federal system can be confederal or federal، despite the fact that the legislator addressed special details in Chapter Four of the Constitution related to federal authorities and implicitly stated that the system is federal.

  The Iraqi constitution  Like modern constitutions، it adopted representative democracy as a method of governance. From this standpoint، the researcher adopted a number of scientific approaches، including legal and regulatory، to know the nature of the system and the constitutional and political powers of the President of the Republic in accordance with the 2005 Constitution.

The study concluded that one of the most important problems that may hinder the success of the Iraqi constitutional experiment based on the effective 2005 constitution is the issue of disputes between the parts of the federal system، and these differences were entrusted to be resolved to the Federal Court، but this important institution، the Federal Court، must perform its role effectively. And he took

 To ensure the success of the democratic experiment in Iraq...its location

The 2005 constitution is the basic foundation of the Iraqi constitutional experience that we live in today، and this constitution was written in an atmosphere of tension.

The sectarianism and nationalism that Iraq experienced after the change that took place in 2003، so the atmosphere of mistrust، looking back، and not looking to the future were clear signs in the 2005 Constitution، and what we have reached here is the importance of reconsidering many of the articles that were mentioned in the Constitution، especially the political system and what It relates to the form of the system، the type of federalism، and the relationship between the components of the federal system.

       From here، the researcher reached issues and problems that befell the three presidencies، and these problems included، in principle، a violation of the parliamentary principle built by the parliamentary system، especially in terms of the powers that were given to each presidency. Broad powers were given to the President of the Republic that are not included in the parliamentary system