Civil Administration of the Military Authority In the democratic constitutions and the 2005 Iraqi constitution

Talib, M. Muhammad Jabbar

doi:10.37651/aujlps.2022.171582

	Civil Administration of the Military Authority In the democratic constitutions and the 2005 Iraqi constitution
Journal of Anbar University for Law and Political Sciences
Article 6, Volume 10, Issue 1, 2020, Pages 291-313 PDF (737.08 K)
DOI: 10.37651/aujlps.2022.171582
Author
M. Muhammad Jabbar Talib
College of Law / University of Qadisiyah
Abstract
The protection from the threat of foreign constitute a target priorities for civil society , but the existence of a standing army is also dangerous , although it is necessary at the same time, democratic countries take caution to minimize this risk , and the signs of this caution has been incorporated in the constitutions to remove all pretext for a military establishment may be dangerous, The crystallization of this matter during the install and include a constitutional principle is the principle of the Civil Administration, the military authority .If there was of the opinion that military rule in ways that military chairpersons rule because they have the mentality and culture of the military , the civilians who come through the legislative elections generally can not in any way justify resorting to violence and to military laws and emergency laws , which remain at risk refer to it existed , it was assign the administration of this institution , however, the military heads of state or prime minister in addition to the control and functions of the legislative branch .This principle is taken by many of the countries that wanted freedom from the authority of the military and the ongoing attempts to overthrow the civilian authority or legitimacy , including the United States , Switzerland, Egypt and Iraq after the 2005 constitution .
Keywords
Civil administration; military authority constitutional basis; military apparatus

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