The consequences of the later constitutional provisions

Mudaris, Hassan Danif

doi:10.37651/aujlps.2023.144178.1102

	The consequences of the later constitutional provisions
Journal of Anbar University for Law and Political Sciences
Article 49, Volume 14, Issue: 1 part 1, March 2024, Pages 1414-1449 PDF (948.05 K)
Document Type: Research Paper
DOI: 10.37651/aujlps.2023.144178.1102
Author
Hassan Danif mudaris^*
كلية القانون جامعة سومر
Abstract
The Constitution was established with the aim of verifying the extent to which laws and regulations approved by the legislative or executive authority are compatible with the Constitution in accordance with the principle of the sovereignty of the Constitution over all other laws and judicial rulings. The Constitution is the highest and most sublime rule in legal institutions, and perhaps the aim of the rulings issued as unconstitutional is to stop the issuance process if the law or legislation has not been issued, or in order to take procedures to abolish or refrain from implementing them if those laws have already been issued, and accordingly The effects of rulings issued as unconstitutional are nothing but a means by which the framers of the country’s constitution ensure full respect for all its provisions and rules, whether by the legislative, executive, or judicial authority alike in Iraq. The research problem was expressed in answering the main question: What are the rulings issued as unconstitutional? Constitutional? Through the comparative descriptive and analytical research method, it was found that the ruling violating the constitution must be issued by a court affiliated with the supreme judicial authority in accordance with the regulating law. Given the non-compliance with the constitution and the law in some rulings and procedures, the judge completes his task by issuing a ruling of unconstitutionality.
Keywords
effects; ،rulings; ؛; ،appeal

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