Constitutional Guarantees for the Protection of Public Rights and Freedoms under the Constitution of the Republic of Iraq of 2005

Abstract

The Constitution is regarded as the supreme law of the state, forming the legal foundation for the organization of public authorities and the protection of public rights and freedoms. It also represents one of the fundamental pillars for establishing the rule of law and consolidating a democratic system. Within this framework, Iraq has become a party to a number of international conventions and treaties concerning the protection of human rights, particularly following the political changes that took place in 2003, which increased attention to the constitutional and legislative protection of rights and freedoms.The Constitution of the Republic of Iraq of 2005 attached particular importance to the protection of rights and freedoms by dedicating Chapter Two, Articles (14–46), to regulating and safeguarding fundamental rights and freedoms. Furthermore, Article (13) affirms the supremacy of the Constitution as the highest law of the land and obliges all public authorities to comply with its provisions, prohibiting the enactment of any legislation that contradicts them.This study seeks to answer the following research question: To what extent has the Constitution of the Republic of Iraq of 2005 provided effective constitutional and legal guarantees for the protection of public rights and freedoms? To achieve this objective, the study adopts both the descriptive and analytical approaches by examining the relevant constitutional provisions, identifying the guarantees established by the Constitution, and evaluating their adequacy and effectiveness in protecting public rights and freedoms.The study concludes that, although the Constitution of the Republic of Iraq of 2005 provides comprehensive constitutional protection for public rights and freedoms and establishes a range of constitutional guarantees to safeguard them, the effectiveness of these guarantees in practice depends largely on the commitment of public authorities to constitutional principles, the independence of the judiciary, and the availability of effective oversight and enforcement mechanisms. Accordingly, the genuine protection of rights and freedoms cannot be achieved merely through constitutional recognition; rather, it requires effective implementation, strong institutional commitment, and robust legal mechanisms to ensure their enforcement and protection.