Interpretive Hegemony over the Supremacy of the Constitutional Norm: A Comparative Study of Transformations in the Structure of Power in the Constitutional State

Hussein, Osamah Taha

doi:10.37651/aujlps.2026.171744.1770

	Interpretive Hegemony over the Supremacy of the Constitutional Norm: A Comparative Study of Transformations in the Structure of Power in the Constitutional State
Journal of Anbar University for Law and Political Sciences
Article 19, Volume 16, Issue: 3, September 2026, Pages 569-599 PDF (1.03 M)
Document Type: Research Paper
DOI: 10.37651/aujlps.2026.171744.1770
Author
Osamah Taha Hussein^*
College of Law and Political Science, Al-Iraqia University
Abstract
This research examines the impact of constitutional interpretive hegemony on constitutional supremacy and the structure of power within the constitutional state. It argues that supremacy depends not only on the constitution’s superior rank, but also on the binding meaning established by the competent interpretive authority. When interpretation remains constrained by the text, its structure, and purposes, it protects constitutional supremacy; when it becomes hegemonic, it may reconstruct constitutional meaning and redistribute centers of power. Using an analytical and comparative approach, the study examines Germany as a model of protecting constitutional identity, France as a model of expanding constitutional review through the constitutional bloc, and Iraq as a case revealing significant potential for practical interpretive hegemony in the case law of the Federal Supreme Court. The study concludes that constitutional supremacy requires disciplining the authority that interprets it, so that interpretation remains an extension of the constitution rather than a substitute for it.
Keywords
Constitutional supremacy; interpretive hegemony; constitutional interpretation; structure of power; constitutional judiciary

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