The Principle of the Rule of Law in Iraq and its Guarantees in the Contemporary Legal System

Abstract

The rule of law is one of the most important principles upon which the modern state is based. It has gained special importance, especially after 2003 with the transition from autocratic rule to a pluralistic democratic system. Iraq faces many challenges in implementing this principle on the ground, including the weakness of legal institutions, political interference in judicial affairs, the spread of administrative and financial corruption, and the weakness of legal culture in society, which leads to repeated violations of the law without accountability. To ensure the effectiveness of the rule of law in the contemporary Iraqi legal system, practical and legislative guarantees are necessary, the most important of which are the existence of an independent and impartial judiciary, effective oversight of the actions of the executive authority, strengthening the principle of accountability and preventing impunity, and spreading legal awareness in society. It also requires developing legislation to be consistent with the constitution and human rights principles. This research, focusing on the principle of the rule of law in Iraq and its guarantees within the contemporary legal system, employs a descriptive-analytical approach. It examines constitutional and legal texts related to this principle in Iraq, analyzing their content to demonstrate the clarity and entrenchment of this principle within the Iraqi constitutional framework. The research plan comprises two sections: the first presents the theoretical framework of the rule of law, and the second examines the principle of the rule of law in Iraq and its guarantees.