الإغفال التشريعي، الحقوق والحريات، المحكمة الاتحادية العليا، المساواة أمام القانون، دستور العراق 2005.

Abstract

This research examines the impact of constitutional legislative omission on public rights and freedoms within the Iraqi legal system, highlighting the gap between the progressive provisions of the 2005 Constitution and the deteriorating reality of their implementation. The study aims to analyze the consequences of the absence of implementing legislation for constitutional articles regarding rights and freedoms, demonstrating how this omission prevents citizens from enjoying their constitutionally guaranteed rights. The research concludes that legislative omission in Iraq is not merely a technical oversight but has evolved into a systemic phenomenon reflecting a lack of political will; the legislature has failed to enact laws necessary to operationalize fundamental rights—such as free education, freedom of expression, protection against discrimination, the establishment of the Federation Council, and the Oil and Gas Law—leaving these and other legislative measures in limbo for two decades. Furthermore, the study reveals that this omission has negatively affected the principles of justice and equality before the law, resulting in the continued application of legacy laws that conflict with the Constitution and leaving marginalized groups—such as women and minorities—without effective legal protection. This has deepened a culture of impunity and eroded public trust in institutions. The research concludes by advocating for the adoption of innovative judicial and legislative mechanisms, such as expanding the jurisdiction of the Federal Supreme Court to include oversight of legislative omission through mandatory and declaratory rulings, and mandating that the Council of Representatives adhere to specific timelines for enacting implementing legislation.