The extent of the possibility of amending the Iraqi constitution in force for the year 2005

Abstract

The constitution is the legal document that contains within it the constitutional rules issued by the constituent authority in the state, which show the source of authority and the organization of its exercise and transfer and the relationship between those who hold it, as well as those related to basic rights and freedoms and sufficient guarantees to protect them. The existence of the constitution in a country is one of the guarantees that can protect Democracy and work on the separation of powers and the peaceful transfer of power. It is the main source of all legislation, so legal legislation should not contradict the principles of the constitution, and it is the responsibility of the drafters of the constitution to keep pace with the existing conditions while drawing a future picture of the country, keeping pace with social, political and economic developments. Therefore, constitutions set special mechanisms to amend them if the need arises. The Iraqi constitution in force for the year 2005 drew two mechanisms for amendment; the first is Article (142). Which he considered an exceptional way to take into account some political blocs and obtain their approval on the constitution and the stability of legal conditions in the country. The other mechanism was According to Article 126, which is the basis for amending the constitution, however, by extrapolating the provisions of that article, it becomes clear that the amendment is difficult, and we do not say that it is impossible, even if it is impossible in some of them. Therefore, it can be said that the Iraqi constitution is one of the static constitutions