المشارطات الدستورية | ||
| AL-Qadisiya Journal For Law and Political Sciences | ||
| Volume 14, Issue 1, May 2023, Pages 23-40 PDF (575.52 K) | ||
| Author | ||
| Ø£.Ù….د Ù…Øمد جبار طالب | ||
| AL-Qadisiya Journal | ||
| Abstract | ||
| Constitutional institutions carry out some practices that the written constitution does not stipulate and does not prevent from doing at the same time, and here the question is raised about the legitimacy of those practices that are called constitutional agreements, which are implicit, unwritten agreements, or more like an agreement between the authorities on actions and behaviors that are ignored Written constitutional rules without explicit opposition to those holding power, and these practices are activated in an unwritten way among the constitutional institutions outside the framework of the document of the written constitution, and it is not a constitutional custom either due to the incompleteness of the moral element represented by the consent of those governed by it, and the Iraqi parliament has practiced some of these agreements represented By political quotas and bypassing constitutional deadlines, the Federal Supreme Court dealt with these practices with a number of constitutional provisions that mitigated their exaggeration in order to preserve the political system and society as a whole | ||
| Keywords | ||
| Constitutional agreements; un written practices; tacit agreements; political quotas; constitutional terms | ||
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