Constitutional rule and its impact Federal supreme court of Iraq

	Constitutional rule and its impact Federal supreme court of Iraq
Journal Of the College of law /Al-Nahrain University
Article 1, Volume 19, Issue 1, 2018, Pages 36-65
Abstract
Control of the constitutionality of the laws is one of the necessary means to ensure the effectiveness of the constitutional rules. To achieve this objective, most of the comparative constitutions decided the constitutionality of legislation and the rule of law or not. due to gravity of the effects of such censorship as the result of the provision of unconstitutionality of the text of the legislative repeal of this provision or stop the force of enforcement or refrain from applying, most of the constitutions that determine the judicial control of the constitutionality of legislation surrounds the mechanisms necessary for the performance of the provisions of the provisions and certain legal guarantees.These restrictions are related to the procedures that follow the issuance of the constitutional provision, starting with a statement of how the court contacts the case and then check up the appeal submitted to it in terms of formality and objectivity to the verdict, and also related to the effects of the legislative text contested in its constitution as a result of this provision, The constitution is unconstitutional or constitutional, as well as the statement whether the provision of unconstitutionality of a legislative text has a retroactive effect or an immediate effect. In this study, we discussed the concept of constitutional provision and its procedures as well as the effects of the unconstitutionality of a legislative text in both the US Supreme Court and the Supreme Constitutional Court of Egypt, as well as the Federal Supreme Court of Iraq, For those subjects and a comparison between the constitutional systems to which I refer.And we have reached the effect of judgment of unconstitutionality of the US Supreme Court, resulting in failure to apply the law without canceling and have an impact revocable, and its impact is limited in Egypt to stop the power of law enforcement with immediate effect, with the exception of the criminal field, while in Iraq, entail the repeal of law that violates the constitution retroactively based on the general rules, so we suggested to include the amendments to be made to the Constitution and the law of the court to determine the impact of judgment in terms of time scale explicitly and be the decisions of the Federal Supreme Court authoritative absolute in the face of public authorities and all, not in the face of public authorities Only.

Statistics Article View: 53 PDF Download: 43