The legitimacy crisis of state-building in Iraq and the role of national policies and legal legislation in addressing it after 2003

Abstract

The radical change of the political system that took place after the fall of the previous Iraqi regime in April 2003 and its transformation from a totalitarian regime to a democratic system, and from a one-person system to an institutional system, which led to a radical change in political and social life. A new political system came based on democratic foundations that reached To govern through elections (with the exception of administrations of the Governing Council, the interim government and the transitional government that was appointed by the occupation authority). In light of the 2005 constitution, Iraq has relatively moved away from the substantive and formal rules, foundations and characteristics of the parliamentary system, as the constitution did not adopt a pure parliamentary system, because this The system assumes the existence of a horizontal relationship between the constitutional institutions that exercise power. In Iraq, the relationship between institutions that exercise power was a vertical, gradual relationship.. At the top of the pyramid is the House of Representatives, then the President of the Republic and the Council of Ministers, because the approach adopted by the Constitution is dominant. The Council of Representatives with the expansion of the powers of the President of the Republic, which led to determine the work of the Council of Ministers in some areas and diminish the powers of the Council of Ministers in the field of competence, and this led to breach of the foundations and characteristics of the parliamentary system and breach of the principle of cooperation, balance and harmony between the parliament and the government In addition, the drafting of the constitution came to embody the formulas of consensus, quotas, distrust among political parties, the fear of establishing a strong democratic government, the failure to show opposition in parliament or the absence of active opposition that will be.