Balancing the Power of Authority and Democratic Values (An Analytical Constitutional Study)
Keywords:
authority, power, democracy, law, people.Abstract
The power of authority represents the unified material ability to impose obedience independently towards everyone and on the basis of the law. Power does not always mean the control or domination. The power of authority finds its intellectual basis in many concepts, including the satisfaction of the general ideas of individuals, and unity and continuity of the state. The strength of authority is affected by many democratic values as the factor of beliefs in order to unify the values that are considered the essence of the right or the law as well as that The political authority must be civilian, not military. Force is affected by the effectiveness of the law when it sets conditions that prevent the use of force easily and are characterized by clarity and generality. Power is affected by the process of distributing Authority in the federal state, which requires the federal control over the regional forces while at the same time ensuring the federal participation. However, The Iraqi Constitution in force for the year 2005 weakened the strength of the federal authority due to the weak relationship between the provincial guards and the federal authority, even in emergency circumstances. He did not establish a specific method for implementing federal laws and decisions. The legislator also exaggerated in taking into account the representation of components in the armed forces. The constitution also weakened from the law when it allowed the authority to restrict rights and freedoms based on the law.
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