The Constitutional and Legal Organization of the Supreme Constitutional Court in the Iraqi State for the Year 2005

The constitutional system in Iraq after the overthrow of the previous regime in 2003 witnessed major fundamental changes, which marked the end of a historical era, the advent of the beginning of a new phase of political and constitutional history, and the adoption of the federal (federal) system as a form of the new Iraqi state, where Iraq transformed from a simple state to a complex state. With the adoption of the democratic parliamentary system based on the principle of separation of powers and respect for the constitution by emphasizing the principle of the supremacy of the constitution as a system for the work of state authorities and the management of its various constitutional institutions. If the constitutional distribution of competencies between the federal authorities is one of the essential characteristics of the federal systems, then one of the important features in the design of any federalism and its effective operation is to ensure the rule of law and the constitution as the source of powers, and in contrast, one of the authorities infringes on the powers of the other, which leads to a constitutional imbalance in the federalism And the matter that leads to its disintegration and its end, and in order to preserve this constitutional system, it is necessary to establish a supreme judicial body to ensure respect for the application of the constitutional principles of this system and not to be violated. The federal system is characterized by the presence of a Supreme Constitutional Court that works to monitor the constitutionality of laws and chapters In disputes between the central regions, it has the authority to interpret the Iraqi federal constitution, especially the interpretation of the constitutional rules related to the distribution of constitutional powers between the regions and the federal government. Which is one of the thorny issues in the countries of the union, and on this basis in Iraq the foregoing was the establishment of the Federal Supreme Court, which was granted by the constitution judicial and political competencies in order to exercise its role in preserving the union and the balance of powers within it while preserving the constitution and safeguarding its principles.

Constructing and Representing Territory in Late Medieval and Early Modern Europe

In recent political and constitutional history, scholars seldom specify how and why they use the concept of territory. In research on state formation processes and nation building, for instance, the term mostly designates an enclosed geographical area ruled by a central government. Inspired by ideas from political geographers, this book explores the layered and constantly changing meanings of territory in late medieval and early modern Europe before cartography and state formation turned boundaries and territories into more fixed (but still changeable) geographical entities. Its central thesis is that analysing the notion of territory in a premodern setting involves analysing territorial practices: practices that relate people and power to space(s). The book not only examines the construction and spatial structure of premodern territories but also explores their perception and representation through the use of a broad range of sources: from administrative texts to maps, from stained glass windows to chronicles.

USTAVNI DIZAJN POLOŽAJA PREDSEDNIKA REPUBLIKE TURSKE

The constitutional reforms of 2017 in the Republic of Turkey continued with the noticeable tendency of strengthening the executive power embodied in the institution of the head of state. Finally, this institution is constitutionally designed in a form that provokes significant debates in the legal and political public, which makes the subject interest even more provocative and attractive. The paper tries to present the understanding of the existing system of government in Turkey with the dominant position of the institution of the President of the Republic. In order to complete the objective notion of central research, it is first necessary to analyze the development of recent Turkish constitutional history during this century and explore the personal element of the institution of the head of state recognizable in the current president, Recep Tayyip Erdogan. In order to fully master the problem in question, it is necessary to pay appropriate attention to the institution of the army. Finally, the concluding epilogue of the conducted research can be a contribution to the discussions on the qualification of the type of government system of the state in question.

In foro solitudo: Roman Elections and the Time of Cinna

<p>The aim of this thesis is to provide a constitutional history of the mysterious years in the 80s B.C. when L. Cornelius Cinna was re-elected to the consulship on four consecutive occasions. Further irregularities abounded in this period, raising the question of how Rome’s annual elections were conducted in this period. A large amount of the surviving literature is either biased or uninformed on such matters. As a direct result, few have attempted to interpret the role of Rome’s comitia, its voting assemblies, in this period in any sufficient detail. This survey aims to fill this lacuna. From close inspection of the scattered evidence, it may be argued that Rome’s comitia did indeed play a role in the so-called Cinnae dominatio, despite the hoarding of high magistracy by just a handful of individuals. There were laws designed to prevent this domination: men were theoretically allowed to hold the consulship once (at least within a ten-year period); continuatio was forbidden. This study sets out to investigate how Cinna’s continuatio came to be tolerated. Some scholars have attempted to explain away this irregularity as a simple product of the turbulent times. After all, electoral irregularities did indeed increase in frequency during times of existential crisis. But Cinna’s elections do not adequately harmonize with any precedent in Rome’s history. This study begins with a survey of the Roman constitution in the years leading up to the Cinnae dominatio. The years 91 to 87 were marred by almost continuous warfare in Italy and abroad. However, despite attempts at attaining the consulship by a couple of theoretically ineligible candidates, Rome’s electoral restrictions remained robustly in place. All of this changed in late 87 when Cinna marched on Rome with a large army: many political opponents were murdered or exiled; Cinna assumed the consulship soon after. The process by which he became consul has been the subject of great controversy. Although it would seem that comitia were called, the process was irregular. These irregularities would continue even after Cinna died in 84, coming to an end in the years following Sulla’s restoration of the traditional republic after 81.</p>

In foro solitudo: Roman Elections and the Time of Cinna

<p>The aim of this thesis is to provide a constitutional history of the mysterious years in the 80s B.C. when L. Cornelius Cinna was re-elected to the consulship on four consecutive occasions. Further irregularities abounded in this period, raising the question of how Rome’s annual elections were conducted in this period. A large amount of the surviving literature is either biased or uninformed on such matters. As a direct result, few have attempted to interpret the role of Rome’s comitia, its voting assemblies, in this period in any sufficient detail. This survey aims to fill this lacuna. From close inspection of the scattered evidence, it may be argued that Rome’s comitia did indeed play a role in the so-called Cinnae dominatio, despite the hoarding of high magistracy by just a handful of individuals. There were laws designed to prevent this domination: men were theoretically allowed to hold the consulship once (at least within a ten-year period); continuatio was forbidden. This study sets out to investigate how Cinna’s continuatio came to be tolerated. Some scholars have attempted to explain away this irregularity as a simple product of the turbulent times. After all, electoral irregularities did indeed increase in frequency during times of existential crisis. But Cinna’s elections do not adequately harmonize with any precedent in Rome’s history. This study begins with a survey of the Roman constitution in the years leading up to the Cinnae dominatio. The years 91 to 87 were marred by almost continuous warfare in Italy and abroad. However, despite attempts at attaining the consulship by a couple of theoretically ineligible candidates, Rome’s electoral restrictions remained robustly in place. All of this changed in late 87 when Cinna marched on Rome with a large army: many political opponents were murdered or exiled; Cinna assumed the consulship soon after. The process by which he became consul has been the subject of great controversy. Although it would seem that comitia were called, the process was irregular. These irregularities would continue even after Cinna died in 84, coming to an end in the years following Sulla’s restoration of the traditional republic after 81.</p>

Parliamentary sovereignty as a barrier to a Treaty-based partnership

<p>The Treaty of Waitangi has repeatedly been affirmed as New Zealand’s founding document, yet our constitutional arrangements rest on the untrammelled principle of parliamentary sovereignty. This paper argues that the doctrine of parliamentary sovereignty is contrary to the sharing of powers provided for in the Treaty, as it concentrates ultimate law-making authority in one body. New Zealand’s constitutional history is canvassed briefly, with a specific focus on the Treaty and the basis of British Crown’s acquisition of sovereignty over New Zealand. It is noted that the current place of the Treaty within New Zealand’s constitution is within the vast powers of parliament - the Treaty can only have legal effect to the extent that Parliament provides for. After looking at examples from statute and common law it is concluded that, rather than limiting parliamentary sovereignty, the current approach ultimately reinforces the absolute and indivisible power of parliament. As such, it is a barrier to a Treaty partnership between the Crown and Maori. To truly give effect to the Treaty a change in the way in which public power in New Zealand is configured and exercised is necessary. Three models for Treaty-based constitutional reform are therefore discussed. The current constitutional review provides Iwi and the Crown with an opportunity to look beyond the confines of the doctrine of parliamentary sovereignty and forge a unique constitutional system that gives effect to the Treaty as New Zealand’s founding document.</p>

Parliamentary sovereignty as a barrier to a Treaty-based partnership

<p>The Treaty of Waitangi has repeatedly been affirmed as New Zealand’s founding document, yet our constitutional arrangements rest on the untrammelled principle of parliamentary sovereignty. This paper argues that the doctrine of parliamentary sovereignty is contrary to the sharing of powers provided for in the Treaty, as it concentrates ultimate law-making authority in one body. New Zealand’s constitutional history is canvassed briefly, with a specific focus on the Treaty and the basis of British Crown’s acquisition of sovereignty over New Zealand. It is noted that the current place of the Treaty within New Zealand’s constitution is within the vast powers of parliament - the Treaty can only have legal effect to the extent that Parliament provides for. After looking at examples from statute and common law it is concluded that, rather than limiting parliamentary sovereignty, the current approach ultimately reinforces the absolute and indivisible power of parliament. As such, it is a barrier to a Treaty partnership between the Crown and Maori. To truly give effect to the Treaty a change in the way in which public power in New Zealand is configured and exercised is necessary. Three models for Treaty-based constitutional reform are therefore discussed. The current constitutional review provides Iwi and the Crown with an opportunity to look beyond the confines of the doctrine of parliamentary sovereignty and forge a unique constitutional system that gives effect to the Treaty as New Zealand’s founding document.</p>

WHAT HAPPENS WHEN A WRITTEN CONSTITUTION IS PRINTED? A HISTORY ACROSS BOUNDARIES

After 1750, the rate at which new political constitutions were generated increased relentlessly. By the First World War, written and published devices of this sort already operated in parts of every continent outside Antarctica. Yet for all the scale and speed of this transformation, approaches to the history of written constitutions have often been selective. Although they spread rapidly across maritime and land frontiers, constitutions are still usually examined in the context of individual countries. Although they could function as tools of empire, constitutions have generally been interpreted only in terms of the making of nations and nationalism. And although these are authored texts, written constitutions rarely attract the attention of literary scholars. Instead, these documents have become largely the province of legal experts and students of constitutional history, itself an increasingly unfashionable discipline. In this lecture, I examine the vital and various links between constitutions and print culture as a means of resurrecting and exploring some of the transnational and transcontinental exchanges and discourses involved in the early spread of these instruments. I also touch on the challenges posed to written constitutions – now embedded in all but three of the world's countries – by the coming of a digital age.1

“Each one brings with his faith and thought – even in chains – thrones to the highs and down” – on the European significance of the Polish republican heritage

Constitutional history may be done on national or on comparative scale. If approached comparatively, it requires an external look to a historical legal system. This look, though, is the more accurate the more one considers the legal cultural spirit. As a German legal historian, it is decisive to distance myself from any Hegelian Volksgeist-thinking. Rather, my interest in the Polish republican tradition forging the national memory in the years of statelessness and imposed authoritarianism is guided by a Burckhardtian way. As he read the Civilisation of the Renaissance in Italy (1860) in terms of the rise of the individual, there seems to be a Polish legal culture in terms of a republican stimulus of “non-domination”. If this paper argues that Polish republicanism has a share in Poland’s vital and leading role in the fall of communism from 1989 onwards, it is not so naïve to assume a direct line from the late sixteenth and early seventeenth centuries, when nobility was acquiring real power at the expense of royal prerogatives, to the twentieth century. It is more like a visit to Monet’s Bassin aux nymphéas in the Parisian Musée Marmottan: Blossoms are placed on the canvas in thick strokes, merging colours into another. The water lilies are only recognizable, if you stand ba ck from the painting and admire the wholepicture. It is in this way that Polish Republicanism matters, not only forPoland, but also for Europe.