The Hierarchy of Legal Norms and Its Impact on Constitutional Stability: An Analytical Study in Light of Iraqi Constitutional Jurisprudenc

Abstract

The research deals with the executive powers of the head of state in successive Iraqi constitutions, through an analysis of the constitutional texts that regulated this position and the nature of the powers granted to him and their limits in each constitution, from the Basic Law of 1925 up to the effective Constitution of the Republic of Iraq of 2005. The research starts from the problem that the organization of the position of the head of state has not witnessed constitutional stability, which affected the nature of the powers that It is entrusted to the head of state, especially the executive ones.
    The research concluded that the constitutional instability in organizing the position of the head of state, in addition to the transitional nature of some constitutions, contributed to creating a discrepancy in the organization of the executive powers of the head of state, as some constitutions granted the head of state limited and formal executive powers, while in other constitutions his executive powers were actual and broad, especially under the 1970 Interim Constitution. All of this constituted a decisive factor in determining the nature of the executive powers granted to the President of the Republic in The 2005 Constitution remained in force, most of which was characterized by formality, and in a manner consistent with the philosophy of the followed political system, and as a reaction to what the president had previously done. We have proposed granting the President of the Republic an important role in the field of the executive function, as he is one of its poles, and in a manner consistent with the nature of the followed political system, through a more precise constitutional treatment that ensures achieving balance and cooperation between the authorities, especially since the President of the Republic under the 2005 Constitution. Responsible, which requires granting him real powers commensurate with his responsibility. Responsibility revolves around the existence and absence of authority, and this is consistent with the nature of the adopted political system.