The nomination process for positions of the executive branch is of a special nature and it is necessary to be subject to a set of legal controls that must determine the method of access of persons nominated for positions of executive authority. Whether with regard to the election of the President of the Republic or when appointing the President and members of the Council of Ministers, and accordingly, countries are keen on different systems, including Iraq to resort to the use of appropriate frameworks for the purpose of candidacy for these positions, by determining the time of candidacy and the procedures for candidacy for these positions, as it is not enough for these people to meet the legal conditions required to accept their candidacy.
The problem of the research revolves around the shortcomings of the constitutional texts regulating the procedures for forming the executive authority and their ambiguity, since the Constitution of the Republic of Iraq for the year 2005 left the door open to interpretation and explanation with regard to the constitutional texts related to the election of the President of the Republic and the appointment of the Prime Minister and its members, which required the Council of Representatives to go frequently to the Federal Supreme Court to remove the ambiguity and controversy between the political parties.