- All Journals
- Al-Qadisiyah University
- Basrah University
- Kirkuk University
- Mosul University
- The Iraqi Borad for Medical Specialization
- University of Anbar
- University of Technology
- Al Mustafa University
- Al-Zahraa University for Women
- Alnoor University
- Kunooz University
- Misan University
- Ninevah University
- Tikrit University
- University of Al-Hamdaniya
- University of Kerbala
Duality of Judicial Capacity (Election Judiciary - Constitutional Judiciary) in Monitoring the Constitutional Integrity of Parliamentary Elections (Comparative Study) | ||
| AL-Qadisiya Journal For Law and Political Sciences | ||
| Volume 16, Issue: 1 part 1, March 2025, Pages 75-102 PDF (1.03 M) | ||
| Document Type: Research Paper | ||
| DOI: 10.63677/jqlap.2025.186695 | ||
| Author | ||
| Hayder Ali Dhayef* | ||
| College of Law / Dhi Qar University | ||
| Abstract | ||
| Political rights and freedoms can be obtained through parliamentary elections. These rights and freedoms represent the gateway to obtaining other rights and freedoms, and are the means to obtain a democratic system of government and true parliamentary representation. The electoral process ensures the achievement of many constitutional principles that are closely linked to parliamentary elections, such as the peaceful transfer of power and the sovereignty of the people. Therefore, the constitutional legislator is keen to surround the electoral process with guarantees that ensure its integrity from a constitutional and legal perspective. The most important of these guarantees is judicial oversight and supervision of the electoral process as a constitutional requirement that ensures the integrity of parliamentary elections. This task is entrusted to the judicial authorities due to the guarantees of integrity and life available in the judiciary. The judiciary is also the authority originally competent to adjudicate legal disputes, and various judicial authorities participate in monitoring the integrity of parliamentary elections according to the constitutional and legal legislation of the country, such as the regular, administrative and constitutional judiciary. | ||
| Keywords | ||
| constitutional integrity of parliamentary elections; excluding parliamentary elections; validity of parliamentary membership | ||
|
Statistics Article View: 140 PDF Download: 59 |
||