Baghdad: The President of the Supreme Judicial Council, Judge Faiq Zidan, affirmed on Friday that Iraq underwent a complex phase in the aftermath of 2003, culminating in the establishment of a new political order founded upon pluralism.

According to National Iraqi News Agency, Zidan stated that the failure to implement constitutional provisions constitutes one of the most salient challenges confronting political systems, particularly in states undergoing transitional periods or experiencing institutional fragility. He stressed that the issue is not limited to the existence of a written constitution but extends to the degree of adherence to, and the effective enforcement of, its provisions in practice.

Zidan emphasized that the non-implementation of constitutional texts is among the most critical issues facing the process of modern state-building in Iraq. He noted that the problem lies not in the absence of a constitution but in the weakness of compliance with its provisions in practical application. He pointed out that Iraq's complex political phase following the 2003 war resulted in a new political system based on pluralism, which was influenced by political power-sharing arrangements and divergent interests among various actors.

This situation has led to the suspension of certain constitutional provisions, particularly delays in implementing clauses with clear deadlines set by the Constitution. Zidan warned that the persistence of this issue carries serious consequences, including the weakening of state authority, recurrence of political crises, and hindrance of progress toward development and stability.

He explained the dilemma faced by judges, who are bound to apply the law with the Constitution at the apex of the legal hierarchy. When legislative authority breaches constitutional provisions without an explicit mechanism to address such violations, judges are placed in a complex situation. This legislative vacuum leads to legal uncertainty and weakens the rule of law, transforming the Constitution from a binding instrument into a theoretical document.

Addressing the issue requires clear constitutional or legislative intervention to establish binding mechanisms for implementing constitutional provisions and delineating responsibilities with sanctions for non-compliance. Zidan clarified that a judge's inability to remedy situations due to a lack of legal provisions reflects adherence to legality and respect for the separation of powers, highlighting a structural flaw within the legal system.

He underscored that constitutional respect is achieved not by mere promulgation but by guaranteeing effective enforcement through a coherent legal framework. The Iraqi Constitution represents an advanced legal framework for building a just state, but its success depends on genuine political will and societal awareness of its importance. The Constitution is not merely written provisions, but a social contract that must be respected and enforced.