الضمانات الدستورية لحياد المؤسسة العسكرية في ظل دستور جمهورية العراق لسنة 2005 ( دراسة مقارنة )

Constitutional guarantees of neutrality of the military institution According Constitution of the Republic of Iraq of 2005 (a comparative study )

Abstract

The principle of military neutrality is one of the important principles in democratic systems and a fundamental pillar for the stability of any political system in the state. However, this principle cannot bear fruit without effective guarantees that contribute to keeping the military institution away from interference in the political process. That is, the constitutional document must include official rules and provisions and clear, explicit formulas to ensure the neutrality of the military institution and must not include clauses that allow the military institution to interfere in political work. Civilian authorities are also among the most important guarantees of the neutrality of the military institution because of the powers and authorities they possess that can be used to keep the military institution away from political work. The practice of constitutional institutions of their legislative, supervisory or judicial role represents a strong factor in ensuring the neutrality of the military institution and non-interference in the political process. Therefore, most constitutional systems have tended to grant civil authorities many mechanisms or means through which the neutrality of the military institution can be guaranteed. The legislative authority has been granted many powers and authorities that would keep the military institution away from interfering in political affairs, whether at the organizational, legislative or supervisory level. The executive authority has also been granted many powers and authorities. As the direct and primary authority responsible for the military institution, the judiciary also constitutes the most important guarantee in ensuring the neutrality of the military institution by verifying the extent to which military laws conform to the provisions of the constitution, including the principle of the neutrality of the military institution. Then we will show the extent of the efficiency of the guarantees stipulated in the constitution and the powers and authorities granted to the constitutional institutions in distancing the military institution from political work. On the other hand, the stability of the political situation and the agreement of the political parties on the military policy also constitute a basic factor in ensuring the neutrality of the military institution. In contrast, the instability of the political situation or the agreement of the political parties on the military or defense policy or the failure of the constitutional institutions to exercise their powers or authorities stipulated in the constitution or their negligence opens the way