The Role of Legislative Texts in Expressing the Prevailing Idea in SocietyA Study of Iraqi Legislation Applied to the 2005 Constitution

Abstract

The constituions are tasked with translating the ideology , customs, values, and aspirations of society into a political - legal framework, and thus each constituions has a dominant idea that can be sensed through browsing its text, which imbue it with spirit and life. The research problem lies in tha extent to which legislation expresses the prevailing idea ik society , applied Iraqi legislation. The main research question appears in how the prevailing idea is organized in light of different legal schoolsand philosophical trends. The importance of the research lies in extrapolating the various philosophicl trends and multipl legal schools to clarify their intellectual foundations and their methods of organized the prevailing idea in society in the legislative aspect, applied to Iraqi legislation. In conclusion, we reached a number of results, the most important of which is that the constitutions compliance with the prevaling idea realtes to the method of drafting the costitutions, and that the weys of organizing the idea differ according the different legal school, and that the Iraqi constitution responded to the prevailing idea with some deviations in certain applications.