فكرة الخصم الطارئ في الخصومة الدستورية دراسة تحليلية مقارنة

عادل خلف جاسم, القاضي; سعد عمران, أ . م . د . علي

doi:10.63677/jqlap.2020.180244

	فكرة الخصم الطارئ في الخصومة الدستورية دراسة تحليلية مقارنة
AL-Qadisiya Journal For Law and Political Sciences
Volume 11, Issue 2, September 2020, Pages 341-399 PDF (1.49 M)
DOI: 10.63677/jqlap.2020.180244
Authors
القاضي عادل خلف جاسم; أ . م . د . علي سعد عمران
AL-Qadisiya Journal
Abstract
Judicial oversight of the constitutionality of legislation is an essential guarantee for safeguarding and protecting the constitution from violations. This can only be done by submitting a lawsuit addressed to the judicial oversight body, fulfilling the conditions in order to accept formally and directly the lawsuit regarding its constitutionality.The principle in any ordinary lawsuit is that its subject, its cause, and its parties are determined by its requiting petition. Nevertheless, requests submitted can include a request to bring another party into an existing litigation case, just as others may want to involve in the confrontation with the litigants.Throughout this research, we have reached to the conclusion that it is permissible for another party to involve or be involved as an emergency opponent: a third party: in a lawsuit in conformity with the mechanism of initiating the case and the legal status of that opponent, and in line with the nature and subject of the constitutional case, which is focused on disputing a text in ordinary or subsidiary legislation, around which there is suspicion of its unconstitutionality.
Keywords
judicial oversight; Constitutionality of legislation; Constitutional adversity; The constitutional lawsuit

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