Constitutional Guarantees of Rights and Freedoms in the 2005 Iraqi Constitution: A Review

Abstract

The current research aims to expound the constitutional guarantees of rights and freedoms that are inherent in the Constitution of the Republic of Iraq of 2005, which can be considered to be one of the pillars that were used to support the constitutional system of a modern state. It explores the concept of knowledge about the public rights and freedoms and their importance in promoting the human dignity and preserving the legal status. Besides, it explains what the idea of constitutional guarantees is and how the mechanisms that protect the rights against the illegal violation or restriction take place. The study also questions the key guarantees offered by the Iraqi Constitution to safeguard the rights and freedoms with a special attention to the legislative and judicial ones, and the contribution that the Higher Federal Court makes to the assessment of the constitutionality of the statutes and promulgation of the principle of constitutional supremacy. The research uses analytic-descriptive methodology in questioning constitutional texts that are relevant. The results prove that the Constitution of 2005 has substantive guarantees aimed at guaranteeing the rights and freedoms; however, the effectiveness of the guarantees depends on their practical application and the empowerment of constitutional institutions that have to take care of its protection.