The Presidential System in the 1968 Provisional Constitution of Iraq: A Study of the Powers of the President of the Republic

Abstract

Abstract                                                                                                        

The conclusion is that the President of the Republic in the 1968 Constitution was not merely a traditional head of state, but rather embodied a unique duality. The President was the symbol of sovereignty, and the concentration of power in the hands of the head of state led to the diminishing role of institutions and the weakening or elimination of local and administrative initiatives. This resulted in the emergence of a centralized state that relied more on the person of the leader than on institutions. Furthermore, this constitution witnessed an overlap of powers between the legislative, judicial, and executive branches, aimed at imposing complete control. It is also evident that the 1968 Constitution did not allow for genuine constitutional development in the country, as it did not place effective and robust constraints on the ruling power at the time. A study of the powers of the President of the Republic in the 1968 Iraqi Provisional Constitution reveals that the political system at that time was based on prioritizing revolutionary legitimacy over constitutional legitimacy. The President's powers extended beyond the executive branch; he was part of a centralized revolutionary structure that held the reins of power in all aspects of the state. This situation weakened the public administration, undermined the principle of separation of powers, and reduced all constitutional guarantees to a mere formality that did not effectively limit power. Furthermore, the concentration of powers significantly contributed to the personalization of governance, negatively impacting the independence and stability of institutions. Therefore, it can be argued that the 1968 constitution did not establish a truly balanced constitutional system, but rather served as a tool for organizing and consolidating political power in the hands of the