Deviation of prevailed legal idea and its application in Iraq's constitution for 2005

Abstract

This research aims to shed light on the prevailed legal idea, and then review the deviation committed by violating this idea, including both by the legislature or the executive authorities , and state the penalty resulting from this violation. As we found that the constitutional foundation for some of the concepts and procedures of the three powers and their specializations will be clear and unambiguous. However, determining the concept and limits of the prevailed legal idea is a thorny matter being unapparent and must be searched for in the constitutional provisions explicitly and implicitly. Thus, we are raising such topic to be addressed under the Constitution of the Republic of Iraq in 2005.