A constitution is defined as the supreme law of the state, through which the form of the state and its government, system of governance, nature of powers, their capabilities, relationships between them and their boundaries, as well as the rights of citizens, individuals and groups. Some nations knew other phrases synonymous with the phrase constitution such as constitution, before defining this phrase which has its origin in Persian and means foundation. The term constitution was later used by the majority of nations. The sovereignty of the constitution is considered the highest law of the state and this is exactly what is called constitutional sovereignty. This sovereignty is represented in two main aspects: That the Constitution is the primary law of the state which explains its purposes and determines its shape and everything connected with it and those who live on its territory.
“The importance of the constitution in the country”
The constitution has a high position in the international legal and legislative system, hence laws and regulations as if they were issued by an authority. The constitution clarifies the form of the state, whether it is a simple state where power is concentrated in the hands of the central government, as in the Arab Republic of Egypt and France, or a complex state where powers vary between a central government and other governments in part of the state in the Soviet Union. The constitution defines the system of governance in the state.
A state can be a monarchy or a republic. The constitution explains the form of government in the state and whether it is presidential, where the president enjoys broad powers and the government is only his assistant specified in the Constitution, including state representation.
The state, whether this head is the king or the president of the republic, does not rule in a parliamentary system, but rather the ministry formed by the majority of the parliament is the one that rules. There is another system of government in the country that combines presidential and parliamentary systems, the semi-presidential system. In it, governance in the state is divided between the president and the government, both of whom have effective powers in conducting the affairs of the state.
The Constitution explains the basic general powers in the state, and the relationship of these powers to each other, and the organs that exercise these powers in the modern state are three bodies: legislature, judiciary, and executive. The legislature is responsible for proposing and passing laws and overseeing the actions of the executive. It consists of an elected parliament. As for the judiciary, it consists of courts of various levels and types, which are responsible for applying the law to the cases and disputes brought before it. The executive branch, comprising the head of state, cabinet, ministers and local administration, is responsible for enforcing laws and managing public facilities in the state.
“The role of the constitution in resolving issues”
There is no doubt that the constitution is the most important document in the life of nations, the basic law or the so-called (father of laws), on which the enactment of all other laws depends. It is the social contract between the people and the ruling power, and the regulation of the relationship between the rulers and the people.
If the constitution is of this size and importance, its successful writing requires three important factors. The first is political stability, since the constitution cannot be written in a period of mass unrest, chaos and rapid political and social change as Iraq has witnessed since the fall of Ba’athist fascism on April 9. The second factor is the presence of experience and expertise among those who prepare and draft it. The third factor is that those who write it need to be given enough time, years instead of months and without haste.
“Role of the Constitution in Resolving Issues in Iraq”
Monitoring the constitutionality of laws examines the development of the concept that they must have constitutional value. The rule of law cannot emerge unless the values of rights and freedoms are established in a democratic legal system. Each of the rights and freedoms guaranteed by the Constitution has a decisive impact on the democratic process and the exercise of state power. For example, freedom of expression, freedom of assembly, equality and the right to self-defense are considered obstacles to power. Hence determining what is considered essential in terms of rights and freedoms protected by the Constitution are essential to the proper exercise of state powers. The Constitution is the reference in determining rights and freedoms, while legislation provides guarantees. It guarantees the exercise of rights and freedoms protected by the Constitution in a specific manner within the limits of its discretionary authority. The Constitution is the source of rights and freedoms, and legislation regulates their practice, and for this purpose can be the source of their guarantees. In defining these guarantees, it strikes the necessary balance between respect for rights and freedoms and the protection of public order or the public interest, without which the exercise of these rights and freedoms cannot be guaranteed.
The federal constitution in this regard; Whatever the method, the power of the regions is related to matters related to sovereignty and internal affairs, i.e. there are some matters outside this framework, such as foreign political affairs, whether peace or war, because these characteristics belong to the federal government alone. There is no obstacle to the federal constitution granting certain matters to the member states such as the right to conclude restrictive agreements with other states on such state terms The Federal Government shall be solely responsible for all international actions of the Member Region.
