Title: The Iraqi Constitution: Analysis of the Controversial Articles -Solutions and Recommendations
Author: Al-Ali Zaid, Auf, Yussef
Place of publication: - Baghdad
Publisher: Al-Bayan Center for Planning and Studies
Release date: 2020
The protests on October 1, 2019, brought the issue of constitutional amendments back to the light as a fundamental part of reforming the Iraqi political system, which reached a challenging stage for the unity of the country and the harmony of its people.
The constitution was written in extremely, complicated circumstances under the pressure of terrorist attacks, the presence of the American occupation, an electoral boycott of some components, and politicians’ fear of the ghost of the previous dictatorial regime. However, the constitution came out to carry important tasks forming the minimum level of consensus among the Iraqi people, starting the process of building the state and building the Iraqi nation. However, the experience of the past years of accumulated legislative and legal work proved that part of the corruption and sterility of the political system in facing internal challenges and foreign affairs and its reluctance to provide services to Iraqis are due to the constitution, its interpretations, and the laws derived from it. Therefore, it has become necessary to think more seriously about opening a comprehensive national dialogue to amend the basic law or even rewrite it again away from those pressures that affected the Iraqi constitution in 2005.
The permanent constitution of 2005 preceded the Transitional Administrative Law that emphasized the representative nature of the Iraqi state with its known terms and regulations, such as a federal system, decentralization, harmony, and a free-market economy with a system of services and social security. However, it was only supported by the leaders who wrote it, the members of the Transitional Governing Council at the time.[1]