The President's Procedure in appointing the Prime Minister Between Constitutional Text and Judicial Interpretations. (An Analytical Study of the 2005 Constitution of the Republic of Iraq

Abstract

The periods following the elections were accompanied by some obstacles that can sometimes be described as (political) due to the lack of political consensus on a candidate for the position of Prime Minister, and at other times as (legal) due to the lack of clarity in some of the constitutional texts included in the Constitution of the Republic of Iraq for the year 2005 in dealing with the subsequent assignment of the Prime Minister in the event that he does not obtain the confidence of Parliament, Or the vacancy of his position for any reason, all of that on one hand, and the judicial interpretations that adopted the interpretation of the largest parliamentary bloc and the difference of opinions between the Supreme Federal Court, as it is competent in constitutional issues and the interpretation of the texts of the constitution, Interpreting the constitutional texts as mentioned, and the time periods stipulated in the constitution, and the Supreme Judicial Council, which is the highest judicial authority in the country, all of that, the research tried to delve into and address a political precedent as a real example, and to come up with some proposals to amend some constitutional clauses that would lead to addressing those problems.