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Conditions for suspending the execution of laws in the constitutional judiciary | ||
| Journal of Anbar University for Law and Political Sciences | ||
| Article 4, Volume 15, Issue: 1 part 1, March 2025, Pages 110-147 PDF (927.9 K) | ||
| Document Type: Research Paper | ||
| DOI: 10.37651/aujlps.2025.156612.1442 | ||
| Authors | ||
| Hasanain Muhammad Jalil* ; Sura Harith Abdul Kareem Alshawi | ||
| College of law –University of Baghdad | ||
| Abstract | ||
| The suspension of execution system is an exceptional procedure that is resorted to in certain cases to temporarily suspend the implementation of a law or a set of laws. The importance of suspension lies in its effectiveness as a means to protect disputed rights and preserve the legal status of the parties involved in a dispute. Suspension procedures are simplified, as the decisions issued in this regard aim to prevent situations that may be impossible to rectify later. These decisions do not affect the core of the substantive right involved in the case. Judicial systems in most countries allow for the suspension of execution in exceptional cases through specific legal mechanisms known as urgent procedures, which can temporarily halt the execution. This may be done through an urgent lawsuit or a provisional request made to the judiciary. Regardless of the form of urgency, all require certain conditions to be met, both in terms of form and substance, which determine whether the judge can consider the request for suspension and issue a ruling on it. The legislator defines these conditions, leaving the judiciary with discretionary authority to assess their suitability for ruling on the suspension request presented before it. This allows the court to balance the interests of the parties involved and the circumstances surrounding the case, ensuring the achievement of justice and the protection of rights. | ||
| Keywords | ||
| interest; Urgency; The Federal Supreme Court; Seriousness; Suspension of execution | ||
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