A constitution becomes valid only when it is implemented and enforced. The criteria it contains remain open in order to be interpreted in different ways and can address different political positions and realities. Modern constitutions contain principles, values, and content which is reflective of the aspirations and desires of the people, but they are not implemented on their own. Rather, they require other procedures to put them into practice. In respect of Iraq, constitutional implementation has been largely ignored for over a century. Yet a constitution, no matter how complex and comprehensive, serves no purpose if it is not fully implemented or is implemented selectively based on the preferences of those in political power. This study cannot claim to address the complexity of the causes, effects, and solutions to the problem of non-implementation of constitutions in Iraq, as a special book is required to analyze the very complex events. However, this is a first attempt to draw attention to this issue and to shed some light to the debate.

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Problems of Non-implementation in the Case of the Iraqi Constitution

  • Sherzad Ahmed Ameen Al-Najjar,
  • Sheraz Ibrahim

摘要

A constitution becomes valid only when it is implemented and enforced. The criteria it contains remain open in order to be interpreted in different ways and can address different political positions and realities. Modern constitutions contain principles, values, and content which is reflective of the aspirations and desires of the people, but they are not implemented on their own. Rather, they require other procedures to put them into practice. In respect of Iraq, constitutional implementation has been largely ignored for over a century. Yet a constitution, no matter how complex and comprehensive, serves no purpose if it is not fully implemented or is implemented selectively based on the preferences of those in political power. This study cannot claim to address the complexity of the causes, effects, and solutions to the problem of non-implementation of constitutions in Iraq, as a special book is required to analyze the very complex events. However, this is a first attempt to draw attention to this issue and to shed some light to the debate.