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The role of constitutional judge in politicising the laws and judicialising the politics | ||
| Journal of Anbar University for Law and Political Sciences | ||
| Article 3, Volume 8, Issue 1, 2018, Pages 37-59 PDF (822.4 K) | ||
| DOI: 10.37651/aujlps.2018.172328 | ||
| Author | ||
| Maher Fasel Saleh | ||
| Abstract | ||
| It is not a discovery that the constitutional judge has played a vital role in political life, which cannot be indispensable in nowadays. This is due to the strategic position the constitutional judge has occupied in many areas, whether legal, economic or political aspects. This importance can be evidently seen through the expended jurisdictions are exercised by the constitutional judge, which enabled him to determine the nature of its relationship with other political institutions. Under this shift, a constitutional court is no longer confined to declaring the unconstitutionality of statutes if they are contrary to the Constitution, and simply annulling them, but rather takes on a positive power to create statute law, such as by assisting the legislative branch to fill constitutional gaps caused by legislative omissions. Such development requires a number of changes occurs in the nature of its jurisdiction, it is no longer limited to the legal or judicial role, but it has been involved in the political scope through the politicalising the laws and judicialising the political activities. The existence of such facts led us to single out a study lead to raise many questions, perhaps the most important one is to examine the nature of the constitutional judge. This study also aims to determine the extent to which the shift of the role of the constitutional judge affects the political process, and discovers the legal and political scope of its role to overcome the challenges that can be faced through restructuring the constitutional jurisdictions. These questions raised by this study showed the importance of the development of the constitutional judge's role. Obviously, these questions need to be answered. This led us to study a specialized study of this subject, where we found that the judge has a vital role in politicizing laws and judicialising the politics. | ||
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