Impact of constitutional deviation on equal citizenship rights

Section: Article
غلاف مجلة الحقوق
Published
Mar 17, 2026
Pages
348-379

Abstract

The constitution should express the general will of the people, which necessitates imposing oversight on the drafters of the constitution when they violate the supra-constitutional principles and objectives, to prevent them from deviating in the constitution from its objectives and spirit derived from the nation’s constants and supreme values.


 And despite transformations and challenges witnessed by constitutional life in Iraq, and fully fulfilled aspirations, images of constitutional deviation emerged when the “State Administration Law for Transitional Period is final in 2004, and 2005 Constitution is permanent,” due to a defect in committee formation to write draft State Administration Law. Constitution is permanent or through a mock referendum that does not represent the reality of society, thanks to the focus and circumstances accompanying writing. Accordingly, these constitutions are supported on foundations that contradict the general foundations that govern society, the most important of which are the values of their interpretation.


 

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