The 2005 Constitution focused on the democratic idea when defining the Republic of Iraq in Article One thereof, and affirmed that the exercise of authority shall not take place except through the constitutional institutions derived from the Constitution, and that its circulation shall be linked to democratic means enshrined therein, as a reaction against dictatorial and authoritarian states. Hence, it was necessary, to complete this form, that there be a clear regulation of the right to the existence of a parliamentary political opposition. If the right to freedom of expression and recognition of difference is a fundamental principle, it cannot be doubted that reliance upon it to acknowledge the existence of the idea of opposition is essential. However, recognition at the constitutional level has become more necessary to move beyond the idea of the presence of all political forces within authority, given what the existence of a legal opposition provides in terms of strength in evaluating government performance, activating the work of the legislative authority, and preventing deviation in its conduct. Thus, constitutional recognition of difference and diversity through clear legal provisions gives landmarks to opposition within parliament rights that may not be diminished, and duties that can be relied upon in activating legislative and oversight work by its members, in a manner that reflects positively on the performance of the executive authority, leading to achieving dynamism of work within constitutional institutions. Hence, it was necessary to think about enacting clear texts that recognize the right to parliamentary opposition within clear legal frameworks.

First: The extent of the importance of recognizing the idea of parliamentary opposition.

The emergence of the idea of opposition dates back generally to the period in which authority began to be confined within ancient societies. For every system there exists—regardless of its compatibility with aspirations and desires of society—those who differ with it in method or objectives, who seek to manage society, and the recognition of this division and plurality of opinions constituted an important role in confronting it to curb deviation in cases of tyranny. Parliamentary opposition has played a major role in ensuring the development of the nature of governance in parliamentary systems, as its existence has been recognized in a known manner with great importance in managing the process of governance away from violence.

Recognition of the right to opposition constitutes an essential guarantee and a legal framework for its legitimate existence, which positively reflects on the freedom of the political system, since there is no political freedom without it. A sound understanding of democracy is not limited to majority rule alone; rather, it should work to provide constitutional guarantees for the minority, through creating a kind of balance within the representative councils. The importance of recognizing the existence of parliamentary opposition is demonstrated from several aspects, namely:

1. Guaranteeing the peacefulness of political action: Parliamentary opposition is characterized by being a political act of a peaceful nature; its activity within the legislative institution keeps it away from violence as a means to reach authority. Rather, its work is based on monitoring errors and shortcomings in the work of the majority government in a manner that enhances its position in competition to reach authority; opposition would almost be rendered meaningless were it not for the tools it possesses that enable it to represent interests intersecting with the majority.

2. Publicity in the face of the majority: As parties that do not obtain the required majority to form the government practice their role within the representative councils, political activity appears publicly in the elected institution in terms of persons, mechanisms of work, and composition; this contributes to eliminating the sources of secret political action that always appear in non-democratic systems.

3. Guaranteeing the exercise of rights and public freedoms: The presence of opposition political parties constitutes oversight of the government’s work, through which it is possible to defend human rights and freedoms, and to limit government tyranny in legislation in a manner that diminishes individual rights.

4. Guaranteeing the idea of alternation: By presenting the possibility of alternation, the opposition’s work is not limited to criticism and dissatisfaction with governmental actions to increase its strength in elections; rather, it thinks politically and proposes alternatives, and presents itself as an alternative capable of implementation when called upon to form the government.

Second: The functions of parliamentary opposition.

The existence of opposition in political life constitutes a fundamental component without which a democratic system cannot be imagined. In addition to participation in the function of legislation and oversight, the most prominent role of parties that do not participate in government appears through the functions they exercise, which are represented in:

1. Political stability: The existence of parliamentary opposition helps to make political competition and struggle within the legislative institution a means of transferring it to society, thus preventing the emergence of societal conflict or divergent trends, or opinions that do not believe in rotation according to democratic frameworks, which threatens peaceful alternation and stability of the state.

2. Presenting the alternative: Parliamentary opposition works to present its understanding and programs as an alternative to the existing government, through the criticism it presents and the proposals and policies it seeks to reach support for and adopt. It also works to draw the limits of agreement and disagreement with what governments present, as it contributes to monitoring authority and forming an opposing authority that enables it to achieve political alternation.

3. Ensuring political practice of public freedoms: As for the role played by parties in raising political awareness among individuals, through what they practice of oversight and expression of opinions opposing the ruling majority, this leads to forming public opinion that represents the desires of individuals and what revolves in their minds, through drawing attention to these by the parties and presenting them through the use of various media outlets.

4. Evaluating the work of the government: Its existence works to confront governmental deviations and evaluate them, through the oversight means practiced by members of councils of deputies, which result from competition in order to reach authority. Competition has an important positive effect, which is competition to serve the public interest.

Third: The rights that can be granted to parliamentary opposition.

The Constitution of the Republic of Iraq for the year 2005 recognized political pluralism in Article (39/First), which stipulated the freedom to establish associations and political parties, and to join them, and this shall be regulated by law. This is what indicates the constitutional legislator’s adoption of the democratic approach to managing the political system in the article that specified the nature of the political system by stating: “The Republic of Iraq is a single federal, independent, and fully sovereign state,” as this constitution guaranteed the unity of Iraq. It also affirmed that the system of governance is republican, representative (parliamentary), democratic, and this constitution guaranteed the unity of Iraq. It also proved that the process of circulation of authority shall not take place except through the means stipulated in the Constitution in Article (6), through the participation of parties that are consistent with the democratic idea, and prohibited parties and organizations that adopt violence as a means to reach authority, and as presented by the Baath Party.