The Actual Disruption of The Constitution and Its Impact on Constitutional Stability in The Country - A Study of The Concept and Principles, The Constitution of the Republic of Iraq of 2005 As A Model

Abstract

Constitutional rules were established to organize practicing of authority and transferring it in the state in light of the prevailing political, social, and economic ideas in it, as these ideas constitute a specific philosophy of governance in the state. It is necessary to feel this philosophy that the constitutional legislator is trying to build during studying the constitutional texts. This necessitates that the constitutional rules be in the service of the philosophy that the entire constitution is intended to build. It also necessitates that the constitutional institutions and bodies in practice work in a way that can serve the philosophy of governance that the constitution has adopted.

If the constitution expresses the true will of the group or its majority and its texts are translated into the reality of practicing authority in a way that there is agreement and proportionality between the constitutional texts and the reality of practicing these texts then this gives stability to the system adopted by the constitution and makes one feel the real existence of the philosophy that the constitution wanted to build and it was Constitutional rules at its service.

But sometimes the difference between the constitutional texts and the reality of practicing these texts appears in the actual disabling of a text or a group of constitutional texts, that is, there is a text or texts in the constitutional document that are not applied in reality in practice, and at the same time there is no official announcement to disable these texts from the constitutional document.

Based on this, the question posed is: If this difference exists between what is written in the constitution and what exists in the reality of practicing the provisions of the constitution, will the system adopted by the constitution be in a state of stability and confirmation? How does the actual disruption of the Constitution affect the stability of the system adopted by the Constitution?

We, through this study, tried to answer these questions, and study the idea of ​​actual disruption of the constitution, with a focus on the Iraqi model of the idea of ​​actual disruption of the constitution, as it is noted that since the practice of authority under the Constitution of the Republic of Iraq in 2005, there has been an actual disruption of some of the articles of the constitution and according to this, There is a need to study and clarify the extent to which the system of government adopted by the Constitution was affected by this disruption.