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The Federal Supreme Court oversight of legislative omissions | ||
| Journal of Anbar University for Law and Political Sciences | ||
| Article 36, Volume 14, Issue: 1 part 2, June 2024, Pages 946-967 PDF (736.04 K) | ||
| Document Type: Research Paper | ||
| DOI: 10.37651/aujlps.2024.146144.1164 | ||
| Author | ||
| Nada Adil Rahmah* | ||
| College of Law/University of Maysan | ||
| Abstract | ||
| If the legislative authority enjoys broad discretionary power in exercising its legislative powers, this power, like other powers, is not an absolute power, but rather a restricted power that is subject to many controls and restrictions that must be adhered to in its legislation, otherwise its work will be considered in violation of the Constitution. Legislative omission is achieved if the legislator neglects to mark the occasion. Its regulation of a specific subject of the subjects mentioned in the Constitution is one of its aspects, which leads to limiting the effectiveness of the subject being regulated and violating the constitutional texts. Therefore, the importance of studying the legislative omission appears in two aspects: The first is that every violation of the Constitution, whether intentional or negligent, must be prevented. As for the second: it relates to Since the Constitution guarantees protection for every right or freedom recognized from its theoretical and practical aspects, and this guarantee is the only guarantee for the rights and freedoms of citizens, it is necessary to enforce these public rights and freedoms in a way that guarantees their benefit, as stated in the Constitution. | ||
| Keywords | ||
| Court; omission; legislation | ||
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