The Constitutional and Legal Framework for the Independence of the Independent High Electoral Commission in Iraq: A Comparative Analytical Study

Abstract

      Elections constitute the fundamental pillar for the peaceful transfer of power in Iraq in the post-2003 era. As the constitutional body entrusted with managing this process, the Independent High Electoral Commission (IHEC) plays a pivotal role in consolidating democratic legitimacy. This research analyzes the Commission’s constitutional and legal framework, drawing upon Article 102 of the 2005 Constitution, the amended IHEC Law No. 31 of 2019, and the Federal Supreme Court’s jurisprudence regarding the concept of an "independent body." The core issue lies in the paradox between the extensive statutory guarantees ensuring the Commission’s independence-administratively, financially, and technically...and the reality of implementation-marred by political interference, the dominance of the sectarian quota system, and financial and administrative constraints that limit impartiality and erode public trust. The study employed a descriptive-analytical comparative approach and concluded that, while Iraqi legislation represents an advanced regional model, it suffers from shortcomings regarding mechanisms for removal, funding, and judicial oversight. Consequently, legislative and structural reforms are required to restore the balance between independence and accountability and to ensure electoral integrity-a pressing national imperative.