Constitutional Protection of the Rights of the Elderly According to the Preamble of the Constitution of the Republic of Iraq for the Year 2005 - An Analytical Study

Abdul, Rasha Khalil

doi:10.37651/aujlps.2025.157297.1463

	Constitutional Protection of the Rights of the Elderly According to the Preamble of the Constitution of the Republic of Iraq for the Year 2005 - An Analytical Study
Journal of Anbar University for Law and Political Sciences
Article 11, Volume 15, Issue: 1 part 2, June 2025, Pages 311-329 PDF (720.31 K)
Document Type: Research Paper
DOI: 10.37651/aujlps.2025.157297.1463
Author
Rasha Khalil Abdul^*
the University bilad alraafidayn
Abstract
Since the preamble of the constitution is distinguished by its language, which is inherently different from the general provisions and articles of the constitution, there arises a need to utilize constitutional preambles to remove ambiguity, regardless of how strictly interpretive rules are applied. Therefore, it can be said that constitutional preambles play a more significant and positive role compared to the preambles of ordinary legislation. Given that Iraqi jurisprudence adopts the principle that the constitution is indivisible, any decision issued by the Federal Supreme Court based on the principles stated in the constitutional preamble is final and binding on all authorities. Moreover, the Federal Supreme Court applies principles of social justice when interpreting constitutional provisions. Concerning the topic of our study (care for the elderly), the court's role has been pivotal in ensuring the constitutionality of laws aimed at protecting the fundamental rights and freedoms of this age group, which deserves particular attention.
Keywords
Constitutional protection; elderly; constitutional preamble

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