Suggested solutions to problems of legal drafting of the Iraqi constitution for the year 2005

Abstract

Most constitutions are written after events that require fundamental changes in the legal system on top of which is the constitution. Therefore, these constitutions are written in a hurry, which makes them not without confusion, contradiction and incompleteness. The constitution is like any humanitarian action, not a larva, no matter how much effort is exerted on it to the level of perfection, which requires reconsideration after a period of its implementation and implementation of its provisions. The best example of this is the Constitution of the Republic of Iraq for the year 2005, as it was written during the tense political events through the existence of occupation and bloody security events that our dear country witnessed. Therefore, it was necessary to write a constitution to replace the Law of State Administration for the Transitional Period issued in 2004, which in turn was but a basic transitional law for drawing the map of the modern state after the change that occurred in 2003.The 2005 constitution of Iraq carried many contradictions in its contents from the preamble, which was devoid of any reference to contents to the chapters that followed. All this affects the legal understanding and interpretation of the constitution.Therefore, it has become imperative at the present time to review some paragraphs and articles of the constitution in line with the current legal understanding and correct logic at the present time by overcoming the problems caused by the constitution and taking good care of the legislative drafting, avoiding the defects of the legal drafting by giving the legal side to the political side in terms of the people responsible for writing the constitution and the. And this is what we will show during our research, and God bless. principles it contains.