The contradiction between the immunities granted to the position of the President of the Republic and the principle of bearing responsibility

Volume 17, Issue: 2 part 1
Summer 2026
Pages 325-342

Document Type : Research Paper

Author

College of Law, University of Kufa

Abstract
This research aims to study the conflict between the broad guarantees granted by the Constitution of the Republic of Iraq of 2005 to the position of the President of the Republic, such as the difficulty of dismissing him, and the nature of his powers, which are mostly nominal and have limited influence on decision-making. The research also analyzes the relevant constitutional texts, in comparison with other constitutional experiences, to understand whether these guarantees are consistent with the nature of the position or represent a contradiction with the rule "where there is authority, there is responsibility."
We will divide the research into two sections. In the first section, we will discuss the special guarantees for the appointment of the President of the Republic with two requirements. In the first requirement, we will discuss the methods of choosing the President of the Republic in the parliamentary system. In the second requirement, we will address the method of electing the President of the Republic in the 2005 Constitution. As for the second section, we will discuss the special guarantees for the position of the President of the Republic in the parliamentary system with two requirements. In the first requirement, we will discuss the principle of the non-responsibility of the President of the State in the parliamentary system. In the second requirement, we will discuss the responsibility of the President of the Republic in the Constitution of the Republic of Iraq 2005.

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  • Receive Date 15 January 2025
  • Revise Date 26 January 2025
  • Accept Date 28 January 2025