The Role of Constitutional Institution in Achieving of National Participation

Abstract

As the supreme law of a state, the constitution establishes the framework for public constitutional institutions and delineates the mechanisms through which they exercise their authority. Serving as the cornerstone of a state's legal system, these institutions are bound by the provisions of the constitutional text. National partnership, inherently rooted in the state, necessitates realization within the state, which serves as the ultimate institution. This partnership is manifested through participation in the formation of public institutions and the exercise of their powers. Moreover, national partnership is intrinsically linked to the public interest, signifying a collaborative endeavor among the state's components and citizens in the governance of state affairs through its institutions. This, in turn, strengthens the bond between the state and its citizens, ultimately leading to the consolidation of a national state. This study, titled "The Role of Constitutional Institutions in Achieving National Partnership," addresses a central theme within constitutional law, both conceptually and practically. It seeks to elucidate the role of constitutional institutions in fostering national unity while identifying the discrepancies between constitutional provisions and practical realities. The research is grounded in the 2005 Iraqi Constitution, which adopted a parliamentary, democratic, federal system. This constitutional framework is conceptually built upon the principle of national partnership among the components of the Iraqi state, as enshrined in the constitution's preamble and its provisions. However, certain practical challenges may arise in the implementation of this partnership. To comprehensively address the subject, the research focuses specifically on the primary constitutional institutions namely the legislative, executive, and judicial bodies. The study is organized into three sections: the first examines the role of the legislative branch in fostering national unity, the second delves into the role of the executive branch, and the third explores the role of the judiciary. The conclusion summarizes the findings and presents recommendations.