Master'sOpen Access

Legal structure of Republic of Iraq

2010
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Advisor: Prof. Dr. Hayati Hazır

Abstract (EN)

As a result of this study, huge modifications are made on the new 2005 Constitution of Iraq. If we mention about the modifications related with Legislative Body, now this constitution brings two Assemblies, composed of National Assembly and Federal Assembly. But although second assembly, Federal Assembly is designated under constitution, it is yet not organized. Reasons of this are the continuance of American invasion, composition of House of Representatives from different groups and inability to form reconciliation between corresponding parties in connection with some disputed regions due to disputes between these groups. As well-known, these organizations are appointed via election, in other words, role of the nation is now heavier while introducing a law. Furthermore, role of number. Assembly gathers with qualified majority, and makes resolutions via absolute majority. But if we compare this epoch with Saddam?s epoch, we get very important changes, and the most important reason for this is that Parliament did not have the right to introduce a law during Saddam?s epoch and this power was only belong to the AL-Sawra, the Assembly to which Saddam was chairing.women are increasing in the National Assembly. Because Assembly is organized on condition not to have women members of less than ¼ of the overall memberExecutive authority is composed of the President of the Republic and Board of Ministers according to the new 2005 constitution of Iraq. But if we consider the powers of the President, we see very limited amount of powers. Reason of this is the prevention from recalling of the dictatorship regime. But we think President should have more powers. Eventually, this authority is the symbol of the State?s President and unification of the homeland. Election of the President is made by the National Assembly, but we think President should directly be elected by the nation of the Iraq. Because, as we said before, this authority is the symbol of the State?s President and unification of the homeland, and we think it shall be better if this authority is elected directly by the nation. Because the President, to be appointed via election, shall be neutral or he shall be free from the pressures of the political parties, religions, races and sects. Other basis of the executive authority is the Board of Ministers. This board is responsible below National Assembly.When we consider the judiciary, this constitution established two important organizations. These are Supreme Tribunal and Federal Supreme Court. Duty of Supreme Tribunal is very important. Because, it supervises and manages all judgment entities. According to my opinions, judiciary became independent with the establishment of this organization, and escaped from the control of executive authority. This kind of an organization had never been mentioned on the 1970 constitution, and judiciary was under control of Ministry of Justice according to 1970 constitution. Second organization, Federal Supreme Court also belongs to judiciary. Constitution declares that judiciary is independent. It also determines the formation of various types and grades of courts, and then it mentions about the power of federal authorities. But these authorities are in a disputed form with federal system. Because regions are entitled with extraordinary powers. Finally, conclusion and transition provisions are determined and in this section, how constitution shall be modified is mentioned.Key Words:1.Constitution.2.The Federal System.3.Federal Authorities.4.Regions.

Author

Dr. Mahmud A. Taha

How to Cite

Mahmud A. Taha (Master Thesis). Legal structure of Republic of Iraq, 2010, Gazi University.

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