The constitutionality of taxes in Iraq

Section: RESEARCH
Published
Aug 4, 2025
Pages
222-299

Abstract

In this study, we discussed in detail a set of constitutional principles and rights that are directly related to taxation, namely, the principle of tax law, the right to equality, the right to property and the right to litigation in the Constitution of the effective Republic of Iraq and the constitutions of the Arab States, as well as the French and American constitutions. They are all guaranteed and safeguarded. However, the effort exerted in drafting the constitutional principles and rights related to taxation in Iraq has not borne fruit. The Iraqi tax laws have struck a mark on all these rights and freedoms. There has been a wave of violations, violations, and aggression against these principles and rights. Laws, where the texts represented a violation of all these rights, while the laws of real estate tax, income tax, customs tax and sales tax and tax on the transfer of ownership of the property or the right to dispose of the right of ownership but violated the rights, we would only call the legislator tax To amend these laws in a manner in which all these violations are lifted and given the constitutional status that they have lost for a long period of time.

References

  1. Decisions:1. Decision of the Revolution Command Council (dissolved) No. (520) on 20/7/1987.2. The decision of the Revolution Command Council (dissolved) No. (55) on 1/6/1998.3. Decision of the Revolution Command Council (dissolved) No. (120) for the year 2002.
  2. G. Internet sites1. www.albasranews.com2. www.iraqia.org3. www.dirasaat.com
  3. Second: Sources in English1. A. K. R. Kiraly: The English Legal System, 4th Edition, Sweet Maxwell, London, 1967.2. H. W. R. Wade & C. F. Forsyth, Administrative Law, 8th Edition, Oxford University Press, Corn Wall.3. Emma Coleman Jordan & Angela P. Harris, Economic Justice, Foundation Press, New York, 2005.4. James Kirkbride and Abimbola A. Olowofoyeku, The Law Theory of Income Tax, Liverpool, Academic Press, 2002.
  4. The Iraqi facts1. Iraqi Gazette No. 1723 on 7/8/1939.2. Iraqi Gazette No. 3828 on 12/7/1956.3. Iraqi Gazette No. 184 on 13/6/1959.4. Iraqi Gazette No. 2917 on 27/12/1982.5. Iraqi Gazette No. 3670 on 19/5/1997.6. Iraqi Gazette No. 3890 on 6/8/2001.7. Iraqi Gazette No. 3938 on 8/7/2002.8. Iraqi Gazette No. 3972 on 3/3/2003.9. Iraqi Journal of Facts No. 980 March 2004.10. Iraqi Gazette No. 3983 on 6/4/2004.11. The Iraqi Gazette in its number 3987 in September 2004.12. Iraqi Gazette No. 4011 on 22/12/2005.13. Iraqi Gazette, number 4035 on 5/3/2007.14. Iraqi Gazette, number 4070 on 31 March 2008.15. Iraqi Gazette, number 4097 for the year 2008.
Download this PDF file

Statistics