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The idea of correcting the application of constitutional provisions (a comparative study) | ||
| AL-Qadisiya Journal For Law and Political Sciences | ||
| Article 9, Volume 15, Issue 1, June 2024, Pages 219-244 PDF (532.8 K) | ||
| Document Type: Research Paper | ||
| DOI: 10.63677/jqlap.2024.183559 | ||
| Authors | ||
| Noor Ali Jadoua* ; Muhammad Jabbar Talib | ||
| College of Law/University of Al-Qadisiyah | ||
| Abstract | ||
| The conformity of the actions and actions of public authorities with the Constitution, and the legislative authority in particular, represents the highest goal of every constitutional and political system that seeks a distinguished position in the ranks of the state of law, institutions, modernity and civilization. This is not possible except by glorifying the constitutional document and issuing its rulings over everything else, by creating... Means and mechanisms to ensure the achievement of this superiority that enhances the integrity of its legal structure. The constitutional judiciary is considered one of the most important frameworks ever to achieve this supremacy in practical terms and to protect its provisions from being deviated from, especially by the legislative and executive authorities. The constitution is also a progressive document that does not hinder development in its horizons. Therefore, the policy followed by the constitutional judiciary in implementing and protecting constitutional texts must adopt modern, advanced legal means, in order to enable it to keep pace with general changes and developments in the state without being bound by the letter of the constitutional texts, which results in the failure of the constitutional document. About the political reality of society, which constitutes the emergence of a gap between reality and the provisions of the Constitution. | ||
| Keywords | ||
| constitutional correction; host ruling; substitution ruling | ||
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