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The Significance of the Constitutional Text

The Significance of the Constitutional Text

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2022-04-07 10:16:00

     The significance of a particular phrase on the purpose of the constitutional legislator might be explicit to prevent any possibility of misinterpretation and is described as explicit to the meaning that has been intended, and the meaning of the phrase on the legislator's purpose could not be explicit, but it has several meanings, however one of them highlights a common meaning that comes to mind before others and here it is said that this phrase is obvious in this sense. So, the text that indicates one meaning is described as an explicit text, which is explicit in this sense and it has not any other meaning, but apparent it is said for the text which indicates several meanings, but its significance to one of which is closer than others.

Each term has its basic meaning and contextual meaning. Context determines the meaning of the sentence and has a significant impact in determining the exact meaning of the word and goes beyond the words of the language to produce new indications, as it is sometimes difficult to determine the significance of the word because the word does not in itself have an absolute connotation, but it is the context that determines its true significance and the indicative value of the word lies in its meaning, and the meaning is the relationship between the word and the meaning and thus the change in meaning occurs whenever it finds any meaning change in the basic relationship, it can be said that each word has a lexical meaning that represents its true meaning and another meaning according to common use, for example, the term (caretaker government) is currently circulating, while there is no literal text in the Constitution of the Republic of Iraq for 2005 by that name but it is listed in the article (61/8th/Dal) of it (in case of a vote of  no confidence in the Council of Ministers as a whole, the Prime Minister and the Ministers continue in their positions to run everyday business for a period not to exceed thirty days until a new Council of Ministers is formed in accordance with the provisions of Article 76 of this Constitution) also listed in the article (64/2nd) of the Constitution (upon the dissolution of the Council of Representatives, the President of the Republic calls for general elections in the country within a period not to exceed sixty days from the date of its dissolution. The Council of Ministers in this case is deemed resigned and continues to run everyday business). In both articles, the meaning of the phrase (the Council of Ministers) is indicated to (caretaker government) according to the contextual meaning and common, which reaches the mind of the reader. The same applies to what is circulated in the term "emergency government" and here there is also no explicit text of this name, but it is listed in the article (61/9) of the Constitution (Alif- To consent to the declaration of war and the state of emergency by a two-thirds majority based on a joint request from the President of the Republic and the Prime Minister. Jim- The Prime Minister shall be delegated the necessary powers which enable him to manage the affairs of the country during the period of the declaration of war and the state of emergency. These powers shall be regulated by a law in a way that does not contradict the Constitution).

From this text, the apparent meaning of the phrase (the Prime Minister) listed in this article is to indicate to "emergency government" that practices the necessary powers to manage the affairs of the State during the period of the declaration of war and the state of emergency according to the contextual meaning of the sentence and the common use of the phrase.  

Faiq Zaidan

7/April/2022

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