The Constitutional and Legal Basis for State-Controlled Weapons in Iraq and the Challenges Facing It

Abstract

The issue of state-controlled weapons is one of the most important topics affecting the fundamental pillars of state-building, as it is linked to several general constitutional principles, including the rule of law, the principle of legality, and the principle of equality before the law. The proper application of the foundations of a state governed by the rule of law is achieved by restricting weapons to official institutions. Consequently, all rulers and the ruled are bound by the principle that the state is the primary legal entity within which all subsidiary legal entities are subsumed.

However, the application of this principle faces numerous constitutional and legal challenges in Iraq, which this study will attempt to examine, in addition to proposing solutions that ensure the proper implementation of state-controlled weapons.