AL-MA’HAD

After the political changing in Iraq on 9/4/ 2003 and according the permanent Iraqi constitution of 2005 , the chance was available that made Iraqi political system a parliament deputy system , but this accompanied by some constitutional breaks because it was not compromising with bases and features of the parliament system that require cooperation and balancing between the two authorities , the executive and the communist , and validities of Iraqi republic president exceeded his validities in the parliament systems , also the deputy council gave the best political constitutional lead to delay performance of the government and interference between authority of the republican president and president of cabinet , this will strengthen and enhance Deputy Council on account of the executive authority and weaken center of the republican president and then neglect bases and features of the parliament system the matter that should work on constitutional amending insure establishment balance and cooperation between executive and communist authorities.

The political transformation in Iraq since 2003 has led to the events of many changes that have affected the features and nature of the political system, as the previous regime was a presidential system based on one party, which is a closed system, and the features of the Iraqi state have changed due to the American factor that brought the Council The ruling dated April 13, 2003, which included a group of Iraqi personalities opposed to the former regime, and therefore it can be said that the beginnings of quotas began in the Governing Council by assigning positions and seats on the basis of national, religious, and sectarian that were agreed upon to be distributed among them according to their proportions and population size, The same thing was taken in the formation of the interim Iraqi transitional government, and from here the problem of quotas appeared in Iraq, which has become a constitutional norm that governments have followed until the present time because of those divisions.

This constitution included defining the powers of the executive authority represented by the President of the Republic and the Council of Ministers, the powers of the legislative authority, and the forms of cooperation and oversight between these two authorities. Despite Iraq's transition from a presidential system to a parliamentary republican system with the aim of deepening the democratic approach and transparency in governance and state institutions, and spreading the democratic spirit among the street and civil society institutions, despite the passage of more than 2005 Political, societal and institutional instability, which in turn was reflected in the foundations and rules of the parliamentary system that it adopted.

The legality of the political system in the State is to be reinforced by participation, and this faith may be deepened as a result of political, economic and social trends, these three regularities are the most seriously on the legality of any system and its options on its strategy and the specific features of its form and its future. In particular the concept of the system in the inclusion of its meanings, the misconception of the system and the discretion of the concept of the system and the distinction of the various concept of the membership of different authorities and the impact of the relationship between the authorities, with the assumption that this contrast may represent the challenges of the in the State of the Iraqi state and the possibility of the most important of the lessons learned with the opportunities of success of mechanisms in other countries and the opportunity to experience in Iraq, which needs to think about its future policy, which must be considered whether the approach will continue to meet the interests of the Iraqi state and its stability. Several questions relating to the view of the Constitution of Mr. Bahr Al-Alalom constitution and the text of the Constitution of the Conference on the ground of the nature of the political system already actually the impact of that nationwide balance the relationship between the State authorities committed with the sixteenth solutions to the vote on the Constitution of the Republic of Iraq on the fifteenth of October 2005 ,and high invitations of the amendment to exceed the failures of the current phase.

The federal state is based on some foundations and basics principles through which achieves to the provinces an effective contribution to the institutions of the federal government, and depends on the protection of these foundations and principles the success or collapse of the federal state.
In this research, we tried to examine those foundation and principles that play a major role in the prosperity and progress of the federal system, including, building the federal state on several well-defined regions, distributing constitutional competences between the levels of federal and regional government clearly and specifically, the existence of federal institutions such as the Supreme Legislative Council and the Federal Supreme Court, and then the voluntary establishment of this state at the request of its various components. In this research, we have outlined the gaps and shortcomings in the Constitution of the Republic of Iraq in 2005 in regard to the organization of these basic foundations and principles, which results in many problems and risks with regard to the future of the Iraqi federal experiment.
At the end of the research, we came up with a number of findings and proposals, that the adoption and action of them is aimed at the development and progress of the Iraqi federalism, and on the contrary will be the failure and collapse of the share of this artistic experience in the future. 

The conclusion of international agreements and contracts is a manifestation of state sovereignty, so the legal basis that the federal state enjoys in the international agreements it concludes finds its legal basis in its possession of the international legal personality on its terms, as it is responsible for conducting international relations, and as long as the federal state is the international person It is the one who conducts international affairs with other countries and international organizations because of its possession of external sovereignty, which has the primary role in representing the federal state on the external However, some federal states departed from the rule of limiting external jurisdiction, as the units of the federal state began to enter the international field in the practice of some international activities that were within the jurisdiction of the federal government. Based on the foregoing, we find that the Constitution of Iraq for the year 2005 recognized that the Kurdistan Region and its legal authorities are a federal region, and therefore the relationship between the center and the region must be determined on the mechanism of concluding international agreements and oil contracts, and the extent of the region’s eligibility to be competent in concluding in accordance with the constitutional texts that define the exclusive competencies of the federal authorities Indicating the violations of these terms of reference.

the Constitution also did not come with texts guaranteeing participation for Regions in government federal, whether in the legislative, executive or judicial authority, with the exception of some independent executive bodies, the Federal Supreme Court and the Supreme Judicial Council, despite the lack of clarity in the mechanism of participation of the regions in terms of the method of selection. the constition even gave Regions a major role in the implementation of the federal law and change the law when the Union Government Contravene for the exclusive constition powers . this is Breached the principle of His Highness the Union when the Determination of federal Tasks. The principle was not explicitly addressed in Constitution. as well as, the constitution did not make the decisions of the regional courts subject to review before the federal courts when they conflict with the federal law, in contrast to the 2004 Law Management Transitional State . With reference to the amended Federal Supreme Court Law No. 30 of 2005, local tendency prevails, especially when many regions are formed in Iraq, as the court does not meet except in the presence of all its members and takes its decisions in disputes between the central government and local units by a special high majority.

This research deals with the constitutional roles granted to the Federal Supreme Court in amending the texts of the constitution, whether it is in relation to the exceptional constitutional amendments stipulated in Article (142) of the Constitution of the Republic of Iraq for the year 2005, or the regular constitutional amendments stipulated in Article (126) of the Constitution. This is in order to reach a review of the extent of the Federal Supreme Court’s contribution to amending the constitution, whether by using explicit constitutional means through the interpretation of the provisions of the constitution, or by using the global means adopted by some constitutions regarding the control of constitutional amendments that are inconsistent with the spirit and provisions of the constitution. With the use of the judicial precedents of the court to show this role.

The federal states stipulate in their constitutions competencies that the federal authorities and the powers of the constituent units share in one way or another, and among those states is the Republic of Iraq in its constitution for the year 2005 in force, where the fourth chapter of it included this type of competencies in addition to the competencies entrusted exclusively to the federal authorities. The constitutional organization of the jurisdictions under study has suffered from a number of defects, estimated and personified by the researcher in the substantive and organizational (structural) sides, which he places before the Iraqi constitutional legislature in the form of proposed amendments, with which the relevant texts are more accurate and integrated, so that they do not conflict with other constitutional texts or appear more consistent.

Legislations, in terms of its articles, are issued in violation of the constitution at times and ambiguous at other times. Between this violation and ambiguity, lies the jurisdiction of the constitutional judge. The ways to reliance to it vary from jurisdiction in assessing constitutionality. The constitutional judge imposes his control over the proportionality of the legislation in many cases, as it is one of the aspects of supervision over the discretion of the legislator. The constitutional judge has established many legal rules that are not specified in the constitutional document, or that the legislator neglected. The constitutional judge was qualified with interrogating many of the meanings and purposes of the legislative texts; that the constitutional judge, with his jurisprudence, works to preserve the constitutional principles and protect them from any violation, and to ensure a balance between constitutional legitimacy on the one hand, and the necessities that may surround the legislator when regulating rights from another side.