Irak devletinin yeniden yapılandırılması
Özet
The attempt to re-structure Iraq in a democratic way after 10 April 2003 is comprised of four chapters apart from the introduction. In the introduction part, the attempt to re-structure Iraq in a democratic way has been introduced. The scope of the claim composed by the immovable property mortgage has been examined with respect to the restructuring the State of Iraq and the Iraqi Constitution of 2005. Also, the social/ethnic structure and former constitutional regulations of Iraq were dealt with. In the first part of the thesis, former constitutional regulations of Iraq were browsed. To this effect, 1925 constitution of Iraq and the Constitutions of 1958, 1963, 1964, 1968 and 1970 were dealt with. In connection with this subject, the exclusive sides of former constitutions as well as the general subjects such as the source of sovereignty, fundamental rights and freedoms and government systems were examined. In the second chapter of the thesis 2005 constitution of Iraq was discussed. In this chapter, fundamental rights and freedoms that compose the basic infrastructure of the democratic regimes were examined. Under the title of ?Fundamental Rights and Freedoms? of the Iraqi Constitution were dealt with in a detailed way between the articles 14-45. As it is seen, the Iraqi constitution divides fundamental rights and freedoms into two categories as ?Rights? and ?Freedoms?. In this framework, the category of ?Rights? was examined firstly in the thesis and in this category; the individual/political rights, social/economic/cultural rights and solidarity rights were included. In the second place, the category of ?Freedoms? was included. In this chapter, the subjects of the restriction of fundamental rights and freedoms in the Iraqi constitution, the limits of restriction and aborting fundamental right and freedoms were also discussed in this chapter. In the third chapter of the thesis, the institutions that support the process into democratization in the Iraqi Constitution were included. These institutions were examined in the thesis as being divided into two as legal and illegal factors. Under the title of illegal institutions, the ethics, the public opinion and the pluralist structureof the community (non governmental organizations and political parties) were examined; under the title of legal institutions the election system, dominance of the constitution, separation of powers, dualist structure of the legislation organ (double assembly system), veto of the president, legislation organ?s being liable to the legal inspection, and the tools of semi-democracy (referendum) were discussed. In the fourth part of the thesis, the factors that affect the restructure progress of Iraqi Government in a democratic way negatively are discussed. In this frame, secularism problem, the law level of democratic culture, social, economical, policyarm relationship and social peace factors are analyzed. In the fifth part of our work, solution proposals related the restructure of Iraqi government within the framework of state perception that is respectful to democracy and human rights are given place. As an example, appearance of secular law system, execution of social state principle, turn of the clan structure to modern life style, spread of democracy culture and customs and secure of social peace. One of the issues we underline in this part is the new federal structure of the government. A federal structure for Iraqi government to reach a stable and democratic constitutional order is a must. In other words, without a federal form of government structure it is not possible for democratic structure to appear. In the conclusion and abstract parts of the thesis, the opinions which I have reached as a result of my research were presented as a whole; and the constitutional provisions which I have benefited during my research were added at the end of the thesis.