بين المخالفات النظرية والمخالفات التطبيقيةدستور 2005 العراقي في الميزان

Abstract

Abstractafter April 2003, Iraq entered into a new political and constitutional phase, which was confirmed by the issuance of the 2005 constitution, which entered a lot of detailed adjustments on the manner of the exercise of power, public authorities in the state, the field of human rights, and the form of the State,So it was necessary to stop - after about seven years of implementation - to assess this Constitution, and the extent of its commitment regarding the above subjects.It is noticeable that there are two types of violations that accompanied the 2005 Constitution, the first is related to the constitution's legislative formulations, the second was discovered during the years of the Constitution's application.And without going into the details of the observations - that we have included in the study- we must emphasis two important things the first is that our search didn't include all the articles of the Constitution but a fraction of them, second, the document that we had put our hopes on it was disappointing, filled with lapses and errors - both those that are nominally be tolerated , or objectively inexcusable - which made us wonder why the determination on not to modify or re-examine it?