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Economy in the Iraqi constitution - Entries - Majid picture
– July 15, 2015
Iraqi Constitution of 2005 in the text of a lot of articles on the economic aspects in the life of the Iraqi society of which related to economic policy, including dealing with regulatory and administrative procedures to determine the duties and functions of the different authorities and determine which economic and social rights of the Iraqi people.
Constitution and economic policy
In Part II of the Constitution (Rights and Freedoms), Article 25 stipulates that: (State guarantees the reform of the Iraqi economy according to modern economic bases, in a way that ensures complete investment of its resources, diversifying its sources and encouraging and developing the private sector). In the article 112, she stressed on the (development of oil and gas wealth approved the latest market principles). It is the first and last time that the use of this term. And now we are talking in the political and economic circles, and broadly, for a market economy, free economy, the private sector, in order to find solutions to economic problems, as one of the modern economic fundamentals. Unfortunately not been until now define the concept of a market economy, or the private sector, which is intended development. Some of the stakeholders and those who followed them, promoted to restrict the concept of a market economy and, in extreme, privatization and the absence of the public sector entirely, and the control of the private sector in the forty-economic matters in full, and in particular the private sector parasite associated with some corrupt politicians, to fit with the self-interests, with indifference the fundamental interests of the nation or the citizen, which confirms the constitution in more than one of its articles. And indifferent to developments that got the capitalist systems, and crisis experienced by, over time, it does not take into account the fundamental factors actors in the Iraqi economy in the current transitional phase, and its role in sustainable economic and social development process.
The market economy is a supply and demand economy and free competition, and the liberalization of prices of any limitation imposed except as free competition is monopolistic. However, the market economy does not mean, in any way, the absence of the public sector and the state's role in the organization of economic life.
The role of the state in regulating the economy, and in the ownership of public sector enterprises, has not disappeared even after the privatization campaign that took place in capitalist countries, and the countries of the former Soviet Union, in the seventies and even the nineties of the last century, and even in the most countries have adopted a free market economy, the United States, As is the case with the Foundation, NASA, public roads, and some other institutions, and I took the state to intervene in the financial and economic crisis that has occurred, until he reached the case with some Western economists as a mixed economy.
I've got a lot of social and economic changes in the world since the eighteenth century, and even now, especially the crisis experienced by the capitalist economic system, and the two world wars, and the victory over fascism. The changes that took place in the Third World, and the defeat of the old colonial system. And the emergence of the socialist system in the Soviet Union and some other socialist countries. In addition to the Cold War between the socialist and capitalist systems, and the enormous technological developments, globalization in all fields. All of these events have influenced economic thought, and I took all of the new economic theories, trying to work to get rid of the disadvantages of the socialist and capitalist systems, and take advantage of Aijayatema as much as possible, and the application of these theories in capitalist countries. The most socialist countries, led by the Soviet Union, it has remained rigid in ideology, has not been able to benefit from the scientific and intellectual developments have, or the capitalist countries, in the development of their economies, and markets, which caused the failure and the fall of most of them, despite the greatness of the positive impact, intellectual and practical , the rest of the peoples and nations of the world. The beginning of these changes began to think that, after the severe economic crisis at the beginning of the thirties of the last century, the need for state intervention in directing the economy, and help to activate the demand in order to activate the production and supply. It appeared Alkinsah theory. And emerged a social market economy in Germany theory after World War II, and spread in some European countries after the successes achieved by.
Constitution and the social market economy
The essence of the social market economy and bearing summarized and applied the unique Amark the following: (a combination of perfect justice, freedom and economic growth in a reasonable) balanced system. The translate that into reality is through the enactment of the necessary legislation and take actual actions to achieve fair competition and prevent monopoly, with not allowing business operations disservice to the social order, and to reduce unemployment rates, and the alleviation of inflation, and the provision of social services, and the development of labor standards, and abide by, and retain the role of the state in the production process, and the provision of services, as long as necessary.
The mechanisms by which they are used, configure the trade unions and professional organizations strong. And the establishment of the state by helping to establish a joint-stock companies for production and reconstruction, with the support and the support of the German Development Bank owned by the government, and the banking system in general. The government has provided financial and material assistance, in the establishment of small and medium enterprises, producing goods and services needed by the factories and large companies. Thus, the state does not cancel ownership of the means of public production, Ouwaliat public intervention, as long as they play a positive role in the development process, and at the same time working to encourage ownership of the means of production by individuals or groups and preserve and develop them, and is encouraging all kinds of private economic activity, and working to assist in the organization of society, and the application of laws, in order to reach social balance, and positive interaction between the components of society, through the justice in the distribution and redistribution of income. It has been able to a lot of countries that have applied this approach, such as Germany, Sweden, Austria and some other European countries, to achieve sustainable economic development and the provision of services to the community, with a large proportion of equity in the distribution and redistribution of income.
A closer look at the terms of the Iraqi Constitution, relating to the rights and freedoms, we see that the Iraqi constitution reinforces the trend towards a social market economy, without being reminded him by name. In Part II, Economic, Social and Cultural Rights, Article 22? After the first confirmation of this article, the right to work for all Iraqis, so as to ensure them a decent life, the second point emphasizes the economic fundamentals of the relationship between workers and employers, taking into account the rules of social justice. The third point of the same material, emphasizes the right to form trade unions and professional associations and join them. At the same time the Constitution affirms in Article 23, that private property is inviolable, and the owner has the right to use and exploit and dispose of them within the law, and may not be removed, except for the public benefit, with the need for fair compensation. The Constitution also guaranteed in Article 32, the right of individuals and bodies to establish hospitals, clinics or private treatment and under the supervision of the state. In addition to the private and public education (Article 34 IV) .. In articles 29 and 30 confirms the Iraqi constitution provides that the State shall ensure maternity and childhood and old age protection, social, health and security, fundamental to live and constituents, of the individual and the family, in a free and dignified lives, provide them with suitable income and appropriate housing . The article also confirmed 26 of the Constitution provides that the State shall guarantee the encouragement of investments in various sectors. At the end of 2006 legislation investment law in Iraq, in order to encourage investment by the head of the local and foreign capital. There are also three specialized state banks (industrial, agricultural, real estate) can be used to achieve the development process, and the establishment of private and joint enterprises and mixed, if restructuring and capital increase, the lack of coverage of banks Law No. 94 of 2004. With a law of its own and control instructions. In 2015, the Central Bank to allocate trillion dinars to strengthen the liquidity of the private banks, and the allocation of $ 5 trillion dinars for banks specialized, but that so far there are no special how to use these amounts instructions, as there are no preparations necessary to restructure these banks to carry out the functions of development. Constitution has given special importance to the state funds, he stressed in Article 27 that, for the sanctity of private public funds, and protection is the duty of every citizen. To be regulated by law related to the preservation of state funds and management provisions, and conditions for their disposal, and the limits within which shall not go down for something of this money. It is understood that state funds include movable and immovable property. And that any action must be out by law. And the disposition of the funds being transferred (whether in the form of cash or securities or in the account), generally through the state budget, which is subject to the approval of Parliament. However, until now there is no talk governs the disposition of public immovable property law. Therefore, the process of privatization of public enterprises, can only be done through the issuance of a special law regulating the process, as is the case for the territory of the public and government installations.
All of these constitutional articles emphasizes that it is possible to move towards a social market economy, in the interests of the homeland and the citizen, if well done funds economy and the administration of Iraq, was the application of the relevant articles of the Constitution.
Constitution and economic powers
Federal authorities consists in Iraq as provided for in Article 47 of the Constitution, the legislative, executive and judicial authorities, and on the basis of the principle of separation of powers. Singled Constitution the executive branch, represented by the Council of Ministers, and administrative institutions, entitlement to act money movable and immovable property of the Iraqi state. Article 80 of the Constitution in the fourth point of which stipulates that the Council of Ministers tasks (preparation of the general budget and final accounts and development plans. (The Council of Ministers, as stipulated in Article 62) to submit the draft general budget and final accounts bill to the House of Representatives for approval). In the second point of the same article, the Constitution the right of the House of Representatives gave, to make transfers between the sections and chapters of the general budget and reduce the total amounts, and to propose to the Council of Ministers, when necessary, to increase the total amount of expenditures. It is understood that the Council of Ministers and the entity responsible for preparing the budget to abide by the law of financial management and public debt No. 95 of 2004. Under this law, in Section VI of it, that the preparation of the federal budget on economic development plans and the pursuit of macroeconomic stability and economic sovereignty. The law also periods in which the preparation of the budget and submit it to the House of Representatives with the final accounts. Although the right and the powers granted to the Council of Ministers and the House of Representatives, but the Article 106 of the Constitution, approved, and under the law, the establishment of a public body to monitor the allocation of federal revenues, consisting of the federal government experts and regions and provinces and representatives, the verification of justice grants, aid and international loans distribution , and optimal use of federal financial resources and sharing, as well as ensuring transparency and justice when allocating money to the governments of the regions or provinces. And yet it is not established this body. Article 111 of the Constitution also stipulates that oil and gas are owned by all the Iraqi people. In Article 112, the Constitution on the joint management of oil and gas confirmed, between the federal government and the governments of producing regions and provinces, and the fair distribution of imports in proportion to the population distribution in all parts of the country, with a quota specified period for affected regions that were deprived in an unfair way by the former regime, it has not been It said the affected provinces, and I think that was a mistake unintentionally. The Constitution is a difference between monetary financial functions and tasks, Vookl of Finance, Ministry of Finance and the Cabinet functions, with control of the House of Representatives. The Central Bank of Iraq has confirmed the Article 103 of the Constitution, the independence and responsibility in front of the House of Representatives. The central bank law responsibility for monetary policy, in addition to responsibility for the supervision and control of the banking system.
Conclusions
Confirmed the constitution, and laws passed, a lot of economic areas, in economic policy, and management of funds and the economy of Iraq, and the responsibilities and powers. But, alas, it has not been adhered to or implemented, and remained the state budget, the budget pro forma items. Not be linked to budget development plans and macroeconomic indicators, and focused economic measures, motivated by electoral expansion, to inflate the number of employees in the state, including the productive sectors, which led to the failure in these sectors, at the same time the low Iraqi employee productivity to 10 minutes only, out of 8 hours of work.
So far, no guest of the final accounts for the budgets of Iraq, revealed cash flow, and there is no transparency in the presentation of the budget or in the financial statements relating thereto, as well as there is a large deficit in the implementation of the federal budget, both investment, which ranged between 35 and 50 percent, or operational, which ranged between 78 and 88 percent over the years from 2005 until 2014 and spread financial and administrative corruption to a large degree.
The money earned by Iraq from oil imports, and taxes and fees, grants and aid, frozen funds, and the remnants of the oil money for food, and internal and external loans, amounted to about $ 800 billion, from 2003 until 2014, however, Iraq still suffers from the same problems Previous With regard to economic and human development and raise living standards, illiteracy, poverty, housing, electricity, drinking water and other permanent problems conjoined underdeveloped countries. Which demonstrates that there is a deepening crisis management caused by a failure to implement provisions of the constitution.
The strange thing is, that there is no disagreement between the political blocs, on any of the articles on the management of funds and the economy of Iraq except in respect of dispute between the KRG and the federal government.
Which demonstrates that there is a disregard for the constitution and its articles by all powers, legislative, executive and judicial.
[You must be registered and logged in to see this link.]
– July 15, 2015
Iraqi Constitution of 2005 in the text of a lot of articles on the economic aspects in the life of the Iraqi society of which related to economic policy, including dealing with regulatory and administrative procedures to determine the duties and functions of the different authorities and determine which economic and social rights of the Iraqi people.
Constitution and economic policy
In Part II of the Constitution (Rights and Freedoms), Article 25 stipulates that: (State guarantees the reform of the Iraqi economy according to modern economic bases, in a way that ensures complete investment of its resources, diversifying its sources and encouraging and developing the private sector). In the article 112, she stressed on the (development of oil and gas wealth approved the latest market principles). It is the first and last time that the use of this term. And now we are talking in the political and economic circles, and broadly, for a market economy, free economy, the private sector, in order to find solutions to economic problems, as one of the modern economic fundamentals. Unfortunately not been until now define the concept of a market economy, or the private sector, which is intended development. Some of the stakeholders and those who followed them, promoted to restrict the concept of a market economy and, in extreme, privatization and the absence of the public sector entirely, and the control of the private sector in the forty-economic matters in full, and in particular the private sector parasite associated with some corrupt politicians, to fit with the self-interests, with indifference the fundamental interests of the nation or the citizen, which confirms the constitution in more than one of its articles. And indifferent to developments that got the capitalist systems, and crisis experienced by, over time, it does not take into account the fundamental factors actors in the Iraqi economy in the current transitional phase, and its role in sustainable economic and social development process.
The market economy is a supply and demand economy and free competition, and the liberalization of prices of any limitation imposed except as free competition is monopolistic. However, the market economy does not mean, in any way, the absence of the public sector and the state's role in the organization of economic life.
The role of the state in regulating the economy, and in the ownership of public sector enterprises, has not disappeared even after the privatization campaign that took place in capitalist countries, and the countries of the former Soviet Union, in the seventies and even the nineties of the last century, and even in the most countries have adopted a free market economy, the United States, As is the case with the Foundation, NASA, public roads, and some other institutions, and I took the state to intervene in the financial and economic crisis that has occurred, until he reached the case with some Western economists as a mixed economy.
I've got a lot of social and economic changes in the world since the eighteenth century, and even now, especially the crisis experienced by the capitalist economic system, and the two world wars, and the victory over fascism. The changes that took place in the Third World, and the defeat of the old colonial system. And the emergence of the socialist system in the Soviet Union and some other socialist countries. In addition to the Cold War between the socialist and capitalist systems, and the enormous technological developments, globalization in all fields. All of these events have influenced economic thought, and I took all of the new economic theories, trying to work to get rid of the disadvantages of the socialist and capitalist systems, and take advantage of Aijayatema as much as possible, and the application of these theories in capitalist countries. The most socialist countries, led by the Soviet Union, it has remained rigid in ideology, has not been able to benefit from the scientific and intellectual developments have, or the capitalist countries, in the development of their economies, and markets, which caused the failure and the fall of most of them, despite the greatness of the positive impact, intellectual and practical , the rest of the peoples and nations of the world. The beginning of these changes began to think that, after the severe economic crisis at the beginning of the thirties of the last century, the need for state intervention in directing the economy, and help to activate the demand in order to activate the production and supply. It appeared Alkinsah theory. And emerged a social market economy in Germany theory after World War II, and spread in some European countries after the successes achieved by.
Constitution and the social market economy
The essence of the social market economy and bearing summarized and applied the unique Amark the following: (a combination of perfect justice, freedom and economic growth in a reasonable) balanced system. The translate that into reality is through the enactment of the necessary legislation and take actual actions to achieve fair competition and prevent monopoly, with not allowing business operations disservice to the social order, and to reduce unemployment rates, and the alleviation of inflation, and the provision of social services, and the development of labor standards, and abide by, and retain the role of the state in the production process, and the provision of services, as long as necessary.
The mechanisms by which they are used, configure the trade unions and professional organizations strong. And the establishment of the state by helping to establish a joint-stock companies for production and reconstruction, with the support and the support of the German Development Bank owned by the government, and the banking system in general. The government has provided financial and material assistance, in the establishment of small and medium enterprises, producing goods and services needed by the factories and large companies. Thus, the state does not cancel ownership of the means of public production, Ouwaliat public intervention, as long as they play a positive role in the development process, and at the same time working to encourage ownership of the means of production by individuals or groups and preserve and develop them, and is encouraging all kinds of private economic activity, and working to assist in the organization of society, and the application of laws, in order to reach social balance, and positive interaction between the components of society, through the justice in the distribution and redistribution of income. It has been able to a lot of countries that have applied this approach, such as Germany, Sweden, Austria and some other European countries, to achieve sustainable economic development and the provision of services to the community, with a large proportion of equity in the distribution and redistribution of income.
A closer look at the terms of the Iraqi Constitution, relating to the rights and freedoms, we see that the Iraqi constitution reinforces the trend towards a social market economy, without being reminded him by name. In Part II, Economic, Social and Cultural Rights, Article 22? After the first confirmation of this article, the right to work for all Iraqis, so as to ensure them a decent life, the second point emphasizes the economic fundamentals of the relationship between workers and employers, taking into account the rules of social justice. The third point of the same material, emphasizes the right to form trade unions and professional associations and join them. At the same time the Constitution affirms in Article 23, that private property is inviolable, and the owner has the right to use and exploit and dispose of them within the law, and may not be removed, except for the public benefit, with the need for fair compensation. The Constitution also guaranteed in Article 32, the right of individuals and bodies to establish hospitals, clinics or private treatment and under the supervision of the state. In addition to the private and public education (Article 34 IV) .. In articles 29 and 30 confirms the Iraqi constitution provides that the State shall ensure maternity and childhood and old age protection, social, health and security, fundamental to live and constituents, of the individual and the family, in a free and dignified lives, provide them with suitable income and appropriate housing . The article also confirmed 26 of the Constitution provides that the State shall guarantee the encouragement of investments in various sectors. At the end of 2006 legislation investment law in Iraq, in order to encourage investment by the head of the local and foreign capital. There are also three specialized state banks (industrial, agricultural, real estate) can be used to achieve the development process, and the establishment of private and joint enterprises and mixed, if restructuring and capital increase, the lack of coverage of banks Law No. 94 of 2004. With a law of its own and control instructions. In 2015, the Central Bank to allocate trillion dinars to strengthen the liquidity of the private banks, and the allocation of $ 5 trillion dinars for banks specialized, but that so far there are no special how to use these amounts instructions, as there are no preparations necessary to restructure these banks to carry out the functions of development. Constitution has given special importance to the state funds, he stressed in Article 27 that, for the sanctity of private public funds, and protection is the duty of every citizen. To be regulated by law related to the preservation of state funds and management provisions, and conditions for their disposal, and the limits within which shall not go down for something of this money. It is understood that state funds include movable and immovable property. And that any action must be out by law. And the disposition of the funds being transferred (whether in the form of cash or securities or in the account), generally through the state budget, which is subject to the approval of Parliament. However, until now there is no talk governs the disposition of public immovable property law. Therefore, the process of privatization of public enterprises, can only be done through the issuance of a special law regulating the process, as is the case for the territory of the public and government installations.
All of these constitutional articles emphasizes that it is possible to move towards a social market economy, in the interests of the homeland and the citizen, if well done funds economy and the administration of Iraq, was the application of the relevant articles of the Constitution.
Constitution and economic powers
Federal authorities consists in Iraq as provided for in Article 47 of the Constitution, the legislative, executive and judicial authorities, and on the basis of the principle of separation of powers. Singled Constitution the executive branch, represented by the Council of Ministers, and administrative institutions, entitlement to act money movable and immovable property of the Iraqi state. Article 80 of the Constitution in the fourth point of which stipulates that the Council of Ministers tasks (preparation of the general budget and final accounts and development plans. (The Council of Ministers, as stipulated in Article 62) to submit the draft general budget and final accounts bill to the House of Representatives for approval). In the second point of the same article, the Constitution the right of the House of Representatives gave, to make transfers between the sections and chapters of the general budget and reduce the total amounts, and to propose to the Council of Ministers, when necessary, to increase the total amount of expenditures. It is understood that the Council of Ministers and the entity responsible for preparing the budget to abide by the law of financial management and public debt No. 95 of 2004. Under this law, in Section VI of it, that the preparation of the federal budget on economic development plans and the pursuit of macroeconomic stability and economic sovereignty. The law also periods in which the preparation of the budget and submit it to the House of Representatives with the final accounts. Although the right and the powers granted to the Council of Ministers and the House of Representatives, but the Article 106 of the Constitution, approved, and under the law, the establishment of a public body to monitor the allocation of federal revenues, consisting of the federal government experts and regions and provinces and representatives, the verification of justice grants, aid and international loans distribution , and optimal use of federal financial resources and sharing, as well as ensuring transparency and justice when allocating money to the governments of the regions or provinces. And yet it is not established this body. Article 111 of the Constitution also stipulates that oil and gas are owned by all the Iraqi people. In Article 112, the Constitution on the joint management of oil and gas confirmed, between the federal government and the governments of producing regions and provinces, and the fair distribution of imports in proportion to the population distribution in all parts of the country, with a quota specified period for affected regions that were deprived in an unfair way by the former regime, it has not been It said the affected provinces, and I think that was a mistake unintentionally. The Constitution is a difference between monetary financial functions and tasks, Vookl of Finance, Ministry of Finance and the Cabinet functions, with control of the House of Representatives. The Central Bank of Iraq has confirmed the Article 103 of the Constitution, the independence and responsibility in front of the House of Representatives. The central bank law responsibility for monetary policy, in addition to responsibility for the supervision and control of the banking system.
Conclusions
Confirmed the constitution, and laws passed, a lot of economic areas, in economic policy, and management of funds and the economy of Iraq, and the responsibilities and powers. But, alas, it has not been adhered to or implemented, and remained the state budget, the budget pro forma items. Not be linked to budget development plans and macroeconomic indicators, and focused economic measures, motivated by electoral expansion, to inflate the number of employees in the state, including the productive sectors, which led to the failure in these sectors, at the same time the low Iraqi employee productivity to 10 minutes only, out of 8 hours of work.
So far, no guest of the final accounts for the budgets of Iraq, revealed cash flow, and there is no transparency in the presentation of the budget or in the financial statements relating thereto, as well as there is a large deficit in the implementation of the federal budget, both investment, which ranged between 35 and 50 percent, or operational, which ranged between 78 and 88 percent over the years from 2005 until 2014 and spread financial and administrative corruption to a large degree.
The money earned by Iraq from oil imports, and taxes and fees, grants and aid, frozen funds, and the remnants of the oil money for food, and internal and external loans, amounted to about $ 800 billion, from 2003 until 2014, however, Iraq still suffers from the same problems Previous With regard to economic and human development and raise living standards, illiteracy, poverty, housing, electricity, drinking water and other permanent problems conjoined underdeveloped countries. Which demonstrates that there is a deepening crisis management caused by a failure to implement provisions of the constitution.
The strange thing is, that there is no disagreement between the political blocs, on any of the articles on the management of funds and the economy of Iraq except in respect of dispute between the KRG and the federal government.
Which demonstrates that there is a disregard for the constitution and its articles by all powers, legislative, executive and judicial.
[You must be registered and logged in to see this link.]
