The Balance Between Constitutional Legitimacy and Political Consensus in the Formation of the Iraqi Government

Abstract

This research addresses the balance between constitutional legitimacy and political consensus in the formation of the Iraqi government, as one of the fundamental issues affecting political stability. The study aims to clarify the concept of both constitutional legitimacy and political consensus, and to analyze their relationship in light of the provisions of the Constitution of Iraq 2005 and the practical political developments that have taken place after 2003.The research adopts the analytical approach in examining constitutional texts, alongside the descriptive method in presenting key concepts. It highlights the areas of interaction and conflict between constitutional legitimacy and political consensus, particularly in relation to government formation, the adoption of the quota system, and the impact of political agreements on constitutional procedures.

The study concludes that political consensus, despite its role in maintaining a certain level of stability, has often led to weakening adherence to constitutional provisions and has affected the principle of Rule of Law. It also emphasizes the need to establish mechanisms that ensure a balance between respecting constitutional rules and accommodating political realities, in order to enhance the effectiveness of the political system and promote good governance. This research employs an analytical approach, examining constitutional texts related to government formation, particularly the 2005 Constitution of the Republic of Iraq, as well as studying the political reality and the practical application of political agreements. It also utilizes a descriptive approach to present key concepts and a comparative approach when referencing relevant experiences or legal opinions.