THE EFFECTIVENESS OF POLITICAL BALANCE IN THE FEDERAL CONSTITUTION AND THE STANCE OF THE IRAQI CONSTITUTION FOR 2005

Authors

  • Heba Neamah Mansoor University of Baghdad, College of Law, Baghdad, Iraq

Keywords:

Constitution, Federal Constitution, Political Participation

Abstract

The federal system inherently necessitates a degree of political balance within the parliaments of federal states. A balance that can be achieved through the interplay of supreme parliamentary councils, which is represented by the council of parliament, and lower parliamentary councils, that is represented by the council of representatives. The aim of this study is to analyze the mechanisms of political participation in comparative federal systems to understand how they achieve political equilibrium. Additionally, it seeks to address the imbalance caused by the absence of a parliamentary council in Iraq's Constitution, where relevant issues remain unresolved due to the lack of legislative action to date. This research employs an analytical and comparative method, drawing upon constitutional texts from several federal states: the U.S. Constitution of 1787, the Swiss Constitution of 1999, the German Constitution of 1949, the Argentine Constitution of 1994, the UAE Constitution of 1971, and the Iraqi Constitution of 2005.

References

A Brief Legal Study in Defining the Concept of Federalism and its Characteristics, Vol. 16, No. 03, July-September

Al-Sa'ouri, Hassan Ali (1990). "Political Participation in Sudan," in the Strategic Studies Series titled "Federalism

in Sudan," Issue No. 7, Center for Strategic Studies, Khartoum.

Al-Tabataba'i, Adel. “Self-Governance of Federal State States,” Journal of Law and Sharia, Dar Sader, no.1,

(1980).

Basyuni Abdullah, Abdelghani, Political Systems, 4th edition, Dar Al Fikr Al Arabi for Printing, Al Jalal Printing

Company, 2002.

Bowie, Robert and Friedrich, Carl. Studies in Federal State, Vol. 1, Dar Al-Sharqiya for Printing and Publishing,

Beirut-New York.

Fahmi, Mustafa Abu Zeid, The General Theory of the State, University Publications House, Alexandria, 1990.

Federally Administered Tribal Areas (FATA): Impacts of Militarization and War Crimes on Tribal Women and

Children, Vol. 7, No. 4, October 2015.

Fikelman, Paul and Wallenstein, Peter. The Encyclopedia of American Political History, Congressional Press,

Washington DC, 2001.

Foedus (Ali, Aryan Muhammad). Amendment of the Federal Constitution,

Mansour, Heba Neama. "The Actual Suspension of the 2005 Constitution of the Republic of Iraq and its Relation

to the Principle of Legitimacy," Journal of Legal and Political Sciences, Issue 38 (2023). College of Law,

University of Baghdad.

Mouloud, Mohammed Omar, Federalism and its Applicability in Iraq, 2

nd edition, Ministry of Education Printing

Press, Erbil, Maukrian Printing and Publishing Foundation, 1995.

Parliamentary Elections and the Gender Aspect: A Comparative Analysis of the Experience of Ukraine and

Sweden, Vol. 16, No. 01, January-March 2024.

Pleisske, Elmer. The Government of Contemporary Germany. Translated by Muhammad Haqqi, Franklin Printing

Foundation, Cairo-New York, 1973.

Shabr, Rafaa Khader Saleh, Nature of the Political System in the Iraqi System: A Study According to the 2005

Constitution, Baghdad, 2010.

Shabr, Rafaa Khader Saleh, Separation of Executive and Legislative Powers in the Parliamentary System in Iraq,

st edition, Al-Sanhuri Library, Baghdad, 2012.

The Parliament of Pakistan and its Role in the War on Terror, Vol. 11, No. 4, October 2019.

Constitutions:

Argentine Nation Constitution, 1994.

Republic of Iraq Constitution, 2005.

United States Constitution, 1787.

Swiss Constitution, 1998.

Federal Republic of Germany Basic Law, 1949.

Downloads

Published

2025-02-05

Issue

Section

Articles