Tribal Dimension in the Constitution of the Republic of Iraq for the year 2005

Karim, Mohammed Salem

doi:10.63677/jqlap.2024.185045

	Tribal Dimension in the Constitution of the Republic of Iraq for the year 2005
AL-Qadisiya Journal For Law and Political Sciences
Volume 15, Issue: 2 part 2, December 2024, Pages 63-86 PDF (459.62 K)
Document Type: Research Paper
DOI: 10.63677/jqlap.2024.185045
Author
Mohammed Salem Karim^*
Faculty of Law - University of Wasit
Abstract
The research problem is about determining the philosophical dimensions of the constitutional legislator's approach in allocating the text of Article (45/2) of the 2005 Constitution, which includes a reference to the subject of clans, and while this is considered a legal diagnosis of the clan in our constitutional system, which is held accountable by some jurisprudence as one of the manifestations of backwardness and apostasy from the principles of citizenship and civility in building the state, and the importance of the research lies in its being a specialized constitutional study on the clan and clan work that examines the nature of the relationship between law and clan work and determining the features of the constitutional philosophy about the status and role of the clan that it should be in light of the modern formula for building the state that the 2005 Constitution brought. And to show the extent of the correctness of the constitutional legislator in the methodology he followed in determining the status of the clan under this constitution, we relied on several methods in preparing the research, including the descriptive method, the analytical method, and the inductive method to provide an accurate description of the research vocabulary and analyze the constitutional texts related to it and extrapolate the position of previous legislators on it to reach a true understanding of the philosophy of the constitutional legislator on Clan.
Keywords
clans; Republic of Iraq; constitution

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