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Legal Expert Warns Against Circumvention of Constitutional Rights in Iraq


Baghdad: Legal expert and presidential candidate, Counselor Salem Hawas, has issued a warning regarding attempts to form a ‘transitional government’ or impose a ‘consensus candidate’ outside the boundaries of Iraq’s constitutional frameworks. He asserts that such actions deviate from the democratic principles of the country, which are rooted in the peaceful transfer of power through elections.



According to National Iraqi News Agency, Hawas emphasized in a press statement that Article (5) of the Iraqi Constitution explicitly states that ‘sovereignty is to the law, and the people are the source of authority and its legitimacy,’ exercised through direct, general, and secret elections. He argued that any deviation from this path contradicts the constitutional foundations of the nation.



Hawas highlighted that the procedures for electing the President of the Republic and appointing the Prime Minister are exclusively outlined in Articles (70) and (76) of the Constitution. He stressed that any attempt to bypass these provisions would constitute a breach of constitutional legitimacy.



Furthermore, he underscored that Article (1) declares Iraq as ‘a sovereign, independent state,’ and any submission to external pressures would violate this principle, as well as Article (8/First), which requires the state to uphold international commitments while safeguarding national sovereignty and interests.



Hawas reaffirmed that legitimate governance derives from a popular mandate and parliamentary oversight, as stipulated in Articles (61) and (76), rather than from temporary political agreements or figures lacking representative backing and a coherent national strategy.



He cautioned that undermining election results or disregarding constitutional texts erodes public trust in state institutions and breaches Article (6), which mandates the peaceful transfer of power, as well as the principle of separation of powers enshrined in Article (47).



Concluding his statement, Hawas asserted that authentic reform can only be realized through strict adherence to constitutional timelines and mechanisms. He called for empowering individuals who possess the competence and capability to govern according to the popular mandate, thereby preserving constitutional legitimacy and safeguarding the will of the voters.