A constitution can be defined as a laid down rules for the government which are time and again codified as a form of written manuscript that spells out and confines the functions and ability to exercise force of a political party (power). In the case of countries and sovereign regions of federal states the phrase refers exclusively to a constitution defining the core principles of politics, and instituting the configuration, procedures, powers and duties, of a government. Most constitutions guarantee rights to the people by limiting the government’s own reach. We will be comparing and contrasting the American constitution against the Iraqi constitution. Both constitutions are codified. Under the patronage of a British military occupation in 1925, Iraqis first constitution entered into force which then formed a monarchy which remained in effect until in 1958, the revolution established a republic. Interim constitutions have been adopted over the years but a referendum that took place in 2005 approved the constitution currently being used by Iraqis. On the other hand the American constitution is considered foundation and basis of the legal right to exercise power over another (authority) essential to the existence of the United States of America and the federal government of the United States. It grants the framework for the institute of the United States government and for the rapport of the federal government to the states, to citizens, and to all people within the United States.
Both constitutions empathize on democracy. The constitutions seek to protect the dignity and liberty of man. The constitutions forbid any kind of emotional, psychological, or physical torture. Both constitutions are mindful of the welfare and security of its people despite the freedom of communication the constitutions provide that the freedom can be breached by a judicial decision whenever it is a matter of national security. These affect the individual rights of the citizen. There is also freedom of worship in the constitutions although the Iraq constitution further states that Islam is the official language.
According to the Iraqi constitution section three chapter articles 49 the council of representatives shall be elected and shall consist of a number of members at a ratio of one member per 100,000 Iraqi persons. These representatives shall be elected by a direct secret general ballot. The members are elected for a term of 4 years. The president is elected by the council of representatives by a two-thirds majority and is limited to 2 terms in office with a span of 4years in 1 term. The president of Iraq has two deputies with whom they form a presidency council. The presidency council appoints the prime minister of Iraq and cabinet ministers who must be approved by assembly. There should be two thirds majority for a president to be elected. The American constitution states that the president has all the executive power vested on him the president is the chief diplomat and the commander in chief of the armed forces. For a maximum of two four-year terms the president and vice-president are elected as running mates by the Electoral College for which each single state is allocated a number of seats based on its representation on the senate and House of Representatives whose members of both the houses are elected by the Americans. The vice-president is second highest executive officer of the government. The vice-president is only allowed to vote in the senate to break a vote which is tied. The chief executive officer of the United States is the Secretary of State. The Secretary of state is appointed by the president and is the third highest ranking member of the government and they answer directly to the president. In the USA constitution the Supreme Court is the highest court of the land. The court is responsible for matters dealing with state disputes, and interpreting the constitution of the USA and overrules some legislations therefore creating precedents for future reference. The supreme and lower court justices are elected by the people while the rest are appointed since they are in the federal government. The Iraqi constitution provides that local court judges are appointed by the local authority, while the federal government appoints the supreme judges. Islam is also considered a source of legislation and the laws of administration circumscribe Shariah laws .
U.S. citizens have almost universal suffrage from the age of 18. The state governments have the utmost impact over most Americans’ day to day lives. The Tenth Amendment to the United States Constitution warranties their broad-spectrum plenary powers, against the limited spell out powers possessed by the federal government; as a result, they handle the bulk of the issues most pertinent for most individuals within their jurisdiction. The governor is the highest elected official at each state is the governor. There is also an elected state legislature in each state except Nebraska (bicameralism), whose members represent the state voters. The town, city, or county boards are the institutions responsible for local governments. The legislature in each state should stipulate the time manner and places of holding elections for senators and representatives. Iraq has a unicameral legislature.
The president of the United Sates receives compensation, which may not be increased or decreased during their time in office; for being the president. Qualification for presidency in the United States include; a natural born citizen U. S. A, at least 35 years of age and have resided in the states for 14 years. The representatives must be of an age of 25 or above, and citizens of the land for a minimum of 7 years and an inhabitant of the state they are elected. The senators must be 30years and have been citizens of that states for 9 years and must be inhabitants of the state at the time.
The amendments as provided by the constitution of the United States may be approved in the following ways: by special convention from congress, ratified by two-thirds of both houses and sent for approval to the states, or by Two-thirds of the state legislatures applying to Congress for a constitutional caucus to consider amendments, which are then sent for approval to the states. Any amendments to the Iraqi constitution would have to be approved by a similar referendum to the one that had approved it originally.
Vacancies are to be filled by writs of election issued by the executive authority whenever vacancies happen from the representation of any state (Section 2, Clause 4,).
Madison provides it is of great importance not only to guard one part of the society against injustice but also to guard the other side of society against oppression from its rulers (1788). Thanksgiving has become a huge traditional American holiday, then there`s independence day which celebrates the declaration of independence which are all national holidays and enacted in the constitution.
Both the Iraq and the United States constitutions seek to serve their people who have different demographics. Each of the constitutions has the interests of the people at heart focusing on the different lifestyles and cultures of two different people. After analyzing both the constitutions and the research material which I have been through which some of the information is not included I find that both constitutions are very effective.
Although we have built a socialist legal system, the judicial practice also has made great progress, but the judicial field to a certain extent, there is a 'HaoZhaoShi legislation, to cope with the franco-prussian, movement law enforcement, choose the judicial' phenomenon, legislation for the sector, the franco-prussian through the motions, judicial enforcement and elastic, the object, the situation has greatly weakened the judicial authority, violates the basic spirit of the rule of law.
Movement type enforcement is difficult to cure the ills of for many years, people of 'centralized management, catch ducks' law enforcement reflects the strong type, spent a lot of manpower, material and financial resources recovery after exercise, laws and regulations is like an eraser, insufficient rigidity, flexibility.Urban management law enforcement is the parties reflects one of the most focused problems, especially in food safety, demolition of illegal structures, illegal operations, and selling, and other fields, in a particular sensitive period, often have to 'increase the intensity of law enforcement'.However, due to various factors, some law enforcement has not been truly effective regular management, anyone who does not complain that is not processing, or only during week 'regulation', 'clean up' to carry out the assault law enforcement.Because of the lack of the daily regulation, so affected the effect and authority of law enforcement, make the offender produced should not have a fluky psychology, learned the guerrilla war.Some law enforcement departments to complete the recessive index and choosing the enforcement difficulty is low, prone to contradiction case is dealt with or punished.
For a variety of ban, people selectively blind or deaf, this related to selective law enforcement.Since law promulgated, anyone should strictly abide by the law is not strict but will do.When the law must be in black and white effectiveness, people will respect the law, and the law-abiding habits, the basis of rule of law can thus formed.To implement the law, in the form of play mobile warfare means that the law not normal to play a role, this attack occasionally, can lead to law gradually lose the role of social norms.When the law is often idle, illegal behavior can't be stopped in time or punishment, people won't form the good habit of law-abiding.
Although countries get the franco-prussian education, improve the citizen's legal consciousness, but there are still many people don't want to and the infringer in court, afraid of contact with the judiciary.What they concern is, low efficiency, high cost of lawsuit proof, it is difficult because the parties are such things got exhausted and costly.Practice, win, lose money situation is not uncommon, the legal rights of real often elusive, that 'the officer of the people, the outstanding case knot not knot' has become the norm.This negative laissez faire behavior reflects the gradual loss of judicial credibility.
Lack of social credit resources, between people 'trust' is missing, beggar-thy-neighbor, this is the outstanding performance of the current social tensions.Mistrust is one of the most infectious social mentality, patients with doubt doctor kung, consumers suspect that the operator code, cadre of people not to promise seriously, officials often doubts about the reason of the people, the poor man, only the rich people's worry about poor will riot, tumbling to alert for blackmail, recipients also fear straying into the trap.Mistrust, which makes the value of the society can share a handful.Trust not inhabited, indifference.As if the industrialized process destroyed the natural vegetation, and the process of marketization is destroyed the vegetation of the society.The current social honesty is terrible.In fact, this price is not necessarily the marketization process must experience, if we able to perfect the system in the process of marketization, set up rules, is not so bad now.Because of ignoring the rules, despise system, not only destroy the order of economic and social development, and damage the social justice, hinder social progress.Social sector business fraud, the production and sale of counterfeit goods, false or wait for a phenomenon, the 'fake shoes', 'fake', 'by', 'false cultural relics' wait for a phenomenon.These phenomena is further exacerbated social tensions, the resulting direct consequence is: good money after bad money, honest people to give up honesty;Today is the victim, tomorrow is the inflicter;In order to less risk, that I was going to be the first to sell;Moral transgression beyond the social reality, the social relationships to the law of the jungle law of the jungle.
Among various kinds of social relations, especially in the relationship between government officials and masses, the doctor-patient relationship of mutual trust and relationship between the rupture.Thereof (public power, public welfare and public interest high) field when dealing with specific problems if not fair to perform his duties, is the destruction of social trust.And masses relationship, for example, the grassroots of cadre's style of formalism, the masses of cadres were more and more low, chapped and masses relationship, cadre is not really the interest of the masses, the masses do not recognise the cadre's style of work.'Farmers mistrust of the cadres, especially at the grass-roots level, the direct consequence is the country's social control and mobilization ability.' the long, will hurt the basis of social identity, further damage the relationship between government officials and masses, endanger the safety to govern of the ruling party.Today's mass work, the biggest different, is increasing the masses rights consciousness gradually strengthened, the right to appeal.Can safeguard the interests of the masses, depending on whether or not the cadres can adjust its position, sincerely responsible to the people '.
Of the fast rhythm of urbanization of narrow space, information provides the tension of social relations with the external environment.Today, all parts of the world are step by step towards urbanization, China is not an exception.Nobel prize-winning economist stig column, believe that there are three big challenges for China in the new century, in the first place is one of China's urbanization.In the 21st century, China's urbanization not only decides the 6. 600 million city residents to live and work in peace and contentment, it is a decision on major issues of the destiny of China's hundreds of millions of peasants.Because the process of urbanization is to reduce the farmers, but also to narrow the differences between town and country, the realization of common prosperity.It is predicted that by 2050, China's urban population will reach 10-1.1 billion, that is, from now on, every year in China will have 12 million farmers into urban population.The process of urbanization is a new move into city dwellers and the process of the original city residents to share resources, the process inevitably has the problem of social tensions.Work pressure causing tensions within the family into the process of survival competition in employment tension, strong capital weak labor cause labor tension, rich tension between the rich and the poor, loss of sense of social responsibility does not have the desired market rules and privileged class is jointly contribute to relationships full of tension, the current 'hatred, revenge' officer ', 'revenge' monopoly 'phenomenon is the direct reflection of social tensions.Social tensions and would be easy to intensify social conflicts, complicate simple social problems, will improve social transaction costs, will eventually be damaged.
Anxiety in our society is moving state of anxiety: the rich, the poor also anxiety;Urban residents anxious, migrant workers also anxiety;The anxiety of unemployment, have jobs and anxiety;Public anxiety, college students' anxiety, officials more anxious.Anxiety quickly spread to each social class, become a common social phenomenon.Everyone's compressive capacity and emotional self control ability is different, any individual's social anxiety.Anxiety as an individual state, originally is not to panic, anxiety, but if as a society as a whole can not be ignored.Because, behind the anxiety, is upset.Social insecurity and survival pressure continuously testing the public psychology to bear ability, anxiety to accumulate, eventually lead to the social problems, lead to social indifference, frequent occurrence of depression.
People's economic life in improved at the same time, also brought some disadvantages.People work and live pressure, for example, endless life consumption level rise, many families has been unable to meet the basic demand, people's happiness is not as the pockets and improve accordingly.Cause of national anxiety, not only with the income can't keep up with the GDP, more is that income inequality, inequality, corruption, ethics, social disorder.In the play of people couldn't catch up with people who do not in the play, the bad can't keep up with the good, well-behaved people miss speculation, law-abiding people couldn't catch up with illegal crime.So, some people ignore the law and morality to speculation,'re incapable of illegal behavior.Society entered a terrible cycle: everyone is complaining about social rules, and have the opportunity to himself and to destroy the rules;Everyone is complaining about moral landslide, while a have a chance to own the line of moral decline;These people are both victims of anxiety, and anxiety.
Schopenhauer once said: life is a mass of desire, and desire does not meet the pain, meet and boring.Traditional society is the natural economy, self-regulation, social individual desire under all kinds of moral, religious, and system of regulation, people can only be depressed.In the process of industrialization, rapid economic growth, material abundance, people's desire is easily satisfied.Little imagine, people's desire is endless, desire is the most easy to expand, while economic development is impossible forever is straight up, when the economy enters a downward trend or meet the financial crisis, economic recession, originally is easy to satisfy the desire may not be able to meet.At that time, the person's psychology can produce a great frustration, anxiety.Anxiety and inner desires are not being met and is closely related to psychological setbacks.Marcuse described in the 'one dimensional' industrial civilization in China mainly for individual anxiety, anxiety with anxiety, become the main colors in the process of industrialization.Under the social mentality of get rich quick, many people dream of a night become famous or rich, want to use rarely pay for maximum return, below this predisposition of social mentality, actually hid people about their situation of unrest and dissatisfaction with reality.
In four cities of thousands of households as samples, some scholars crowd psychological pressure situation of social transition of our country city carried out psychological tests and questionnaires, the results showed that the change of the social transformation and competition, uncertainty and other pressure source is the main reason for the formation of anxiety. in addition, the people's livelihood guarantee is not sound and the phenomenon of social injustice, exacerbated by the lower people's anxiety.'In difficult', 'medical care', 'employment' and 'difficult to buy a house', most people have to face.People face too much uncertainty.For example, is holding shares, or cash, or gold, which can more value, who also said not clearly.This uncertainty is especially embodied in the change of national economic policy.Macroeconomic regulation and control policy, expected direction is not clear, cause people's expectations of future economic trends is difficult to read, this unnecessarily increase a lot of social anxiety.