The constitutional establishment of the institutional state in Iraq - the 2005 Constitution as a model

Abstract

Abstract: The political systems of various countries are currently described as law-compliant countries – a state of institutions – and it is often noted that states governed by law are characterized by the fact that power is exercised by a set of abstract principles that govern the behavior of all with equal rules in the face of the state ruled by the people. This State shall act on the basis of and within the limits of the law. Within the framework of the Iraqi constitutional experience, the constitutional structure of the state of institutions was established in the 2005 constitution on the basis of providing power at the expense of the state. Thus, its role was weakened, as the authority was formed on the basis of ethnicity – so that the authorities take the place of the state. The administration of all levels of the state has also been distributed accordingly, away from experience and efficiency. This represents a flagrant contradiction with the constitutional provisions that stipulate the independence of the state authorities and the equality of all before the law. The origin is that the constitutional institutions are representative of the people based on their choice under the elections, not on the basis that they are elected representatives of their blocs, that is, the practice led to the personalization of power rather than its institutionalization.