Measures to Prosecutr Rulers for Breaking the Constitution

Abstract

Rulers sometime deviate from commitment to the provisions of the Constitution and laws when they practise power. This may be unintentional or intentional in some cases. The deviation is come back to various reasons, but the most prominent of them is the desire of the rulers to remain in power. This deviation is interest of the rulers and not in the citizens interest in general. However, there are always constitutional and legal procedures to hold rulers accountable as a result of their deviation from the constitution and laws, and especially the main authorities in the country do an effective role in holding accountable rulers who do not commitment to the country’s constitution and laws. For example, the legislative authority, through some of its means, such as interrogation, discussion, and withdrawal of confidence from the president. Ministers, one of the ministers, or the entire cabinet, and heads of independent bodies. Likewise, the judicial authority through the courts receives appeals and lawsuits against violating rulers, whether these are specialized courts such as the Supreme Criminal Court in Iraq, which was established in 2005 and it had high role in investigating and trial the rulers of the previous regime, or through permanent courts such as the Constitutional Court, which refuses Any deviation from the constitutional and legal rules, and the Administrative Court and the Employee Discipline Board also manages to take positions against administrative instructions and decisions that are not consistent with the laws. At the same time, there are some other means such as demonstrations, public opinion, and even the rise of revolutions that can occur to remove rulers who violated the constitution and laws, or at least played a role in forcing rulers to return to compliance with the constitution and laws.