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Constitutional restrictions on the Federal Supreme Court in monitoring the constitutionality of laws | ||
| AL-Qadisiya Journal For Law and Political Sciences | ||
| Article 5, Volume 15, Issue 1, June 2024, Pages 81-106 PDF (562.35 K) | ||
| Document Type: Research Paper | ||
| DOI: 10.63677/jqlap.2024.183552 | ||
| Author | ||
| wadeea dakheel Ibrahim* | ||
| university of anbar/ college of law and political scncese | ||
| Abstract | ||
| There is no doubt that the Federal Supreme Court in Iraq constitutes its constitutional judiciary, and it assumes many of the powers stipulated in the Constitution of the Republic of Iraq in 2005, including oversight of the constitutionality of laws. However, this power is not absolute, but rather is in accordance with constitutional and legal rules, as the Federal Court is subject to It is supreme over many constitutional restrictions in its oversight of the constitutionality of laws. When this court monitors the constitutionality of laws, the constitution must be rigid and enjoy supremacy over the rest of the laws in the state in order for there to be a benefit to this oversight, because there is no meaning to oversight without the rigidity and supremacy of the constitution because it is amended just as the law is amended. ordinary, Therefore, this oversight is carried out by the Federal Supreme Court through a constitutional lawsuit filed before it by someone with a direct interest in the case. This court examines the constitutionality of the laws in accordance with the constitutional and legal procedures and restrictions, especially since its decisions are final and binding on all authorities in the state. Therefore, the constitutional restrictions and oversight must be stated. On the constitutionality of laws and the extent to which there are justifications for these restrictions, in addition to explaining their types. | ||
| Keywords | ||
| The Federal Supreme Court؛; the stagnation of the Constitution؛ ؛؛; the constitutional lawsuit | ||
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