The Balance between Authorities and Their Applications in the Iraqi Constitution 2005

Abstract

The principle of separation of powers is of great importance, as it is considered the cornerstone of democratic systems because it contributes to protecting freedoms and limiting authoritarian tyranny, as well as achieving legitimacy and establishing the legal state and highlighting the benefits of dividing state functions, dividing work and increasing effectiveness. However, its application differs according to the nature and form of representative democracy. It may take the form of a presidential representative system, or it may take the form of a parliamentary system (a system of representative assembly government), and each of these three forms represents representative democracy. However, despite the importance of this principle, the Iraqi constitutions have not explicitly stipulated it except in the Law of State Administration for the Transitional Period and the Constitution of the Republic of Iraq of 2005.