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The supervisory role of the constitution of international treaties | ||
| Journal of college of Law for Legal and Political Sciences | ||
| Article 1, Volume 2, Issue 7, 2013, Pages 156-208 PDF (536.11 K) | ||
| Authors | ||
| Majid N. Idan; Salwa A. Maedaan | ||
| Abstract | ||
| Abstract After the entry into force of the International Convention in the domestic legal system, they take a position in the hierarchy of the gradient legislature of that State and then become law internally, like other laws, then the individuals under the text of strange not agreed upon by the will of the nation - as is the case in domestic law - but agreed several wills for different countries to put into practice, however, this is not easy to achieve because of the state law there is a gradation of laws called the gradient legislative, coming in the constitutional rules in the foreground because of the fundamental principle of (altitude or HH Constitution), both formal and substantive, and Then the consequences of this is that all the laws in line with the rules set forth in the Constitution as the cornerstone in building a legal state, and then looking over the constitutionality or legitimacy with the Constitution so that should not be contrary to or inconsistent with the substantive provisions of the Constitution as a whole, that is not inconsistent with mass constitutional as a whole any should not conflict with the preamble to the Constitution nor with the basic principles and provisions which it is based, and they must respect all the rights and freedoms guaranteed by the Constitution of the individuals in the sense that it may not restrict the absolute right or confiscated or Antqas or violated in any way contrary to the stipulated in the Constitution, moreover not be compromised primarily upon which the state system, whether the amendment or change and also does not affect the elements of society the political, economic, social and moral granted and fixed by the Constitution, all these things led us to search, even if some objectivity to study this subject due to capacity because the original to control the Constitution precedes the constitutional judicial control | ||
| Keywords | ||
| Supervisory role; the constitution; international treaties | ||
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