By: Haider Habib
The reference means in its simplest definitions, an agreed rules and principles were the legitimacy of the work, and eligibility of the situation or requirement, to be based on, so when we say a constitutional reference, it means that we have a constitution in agreed articles were no any other authority may affect.
The Constitution In the modern state is the authority which is over everybody and the state and its institutions were built on its basis, since it is impossible to build a modern state without the Constitutional authority as a reference were all can back to it if any disputed issue or hesitation case.
The establishment steps of the constitutional regimes experiences were full in getting back to the constitution articles in the various large and small issues, as well as to test the articles on the ground and measure its validity during the different circumstances. Continuing of state building on the basis of such a reference will lead to increase its value and power, on the other hand, using the constitution continually in the early stages of a state building provides high clearance and prestige establish overall importance along with the, in order to move on with the construction process and the full political stability of the state, then will have nothing remains but the urgent circumstances and updates.
During our review to the past years of Iraqi new political regime experience which is based on democratic constitutional system, we see a clear difference in the Constitution’s reference, in one hand it is an agreed authority between the people and powers and in the other hand among the political powers themselves, as it’s a witness that proves the marginalization of the authority of this reference.
Too many political and popular cases in the political process corners took place without consistency on the ground and gone on understanding each other that opens the door to political norms that intersect with the constitution articles, which seems strange in democratic regimes.
The biggest problem we feel is the positions, statements and reactions among the political officials which is a natural result of what we have referred to previously, and here the mood, slogan and personal conviction replace the constitution which is does not apply the constitution, such a behavior can create infinity unproductive chaos , even its results appear to be serious. Because when the constitution being under the marginalization, the door opens wide for several reference belong to varies convictions, attitudes and perceptions of each political party and then these "authorities" fall in battle.
There is no objection of course, to the solutions resulted from understanding the Iraqi powers to each other, but this is an important requirement of a constituent experiencing as it’s some of the natural intersections, while the objection when avoiding the constitutional articles and this may admit us with the an endless cycle of political differences that causes fall of the Constitution’s prestige, crush its position and underestimated it. The dispute appears only in the absence of the constitutional and legal reference which organizes the operations of state building, political power relations and its positions.