Monitoring the constitutionality of laws in the Iraqi and Bahraini legal systems
Keywords:
- Constitutional oversight. - the Federal Court. - the supremacy of the constitution. - repeal oversight. - abstention oversight.Abstract
Oversight over the constitutionality of laws is considered one of the best means to guarantee respect for the constitution and the principle of its supremacy over other legal rules. Oversight means that all legislation and laws issued by the legislative authority are subject to oversight by an independent body that examines the suitability of the law to the principles of constitutional rules. The essence of oversight is based on the concept of The constitution is the supreme law in the state and that the rules contained in it enjoy supremacy over everything else, and therefore it is imperative for all authorities, foremost among them the legislative authority, to respect this principle. A body of a judicial nature, and judicial oversight can be a pre-legislative oversight as well as a subsequent oversight, and this oversight is either by the original lawsuit method (cancellation oversight) or the unconstitutionality plea method (the abstention method) .
References
First: books
- Dr. Ihsan Hameed Al-Mafarji, The Constitutional Judiciary and Its Experience in the Kingdom of Bahrain, University of Bahrain, 2010.
-Dr. Hamid Hanoun Khaled, Principles of Constitutional Law and the Development of the Political System in Iraq, Baghdad, 2013.
- Dr. Ramzi Al-Shaer, The Constitutional Judiciary in the Kingdom of Bahrain - A Comparative Study, Dar Al-Nahda Al-Arabiya, 2003.
- Dr. Salem Mohamed Salem Al-Kuwari, The Constitutional Court in the Kingdom of Bahrain, first edition, Isa Cultural Center, Kingdom of Bahrain, 2004.
- Dr. Sami Gamal El-Din, Constitutional Law and Constitutional Legitimacy in the Light of the Judgment of the Supreme Constitutional Court, Manshaat al-Maarif, Alexandria, 2005
- Dr. Abdul Latif Al-Sheikh, Procedures of the Constitutional Judiciary, a comparative study, Dar Al-Nahda Al-Arabiya, Cairo, 1989.
- Dr. Maher Salih Allawi and others, Human and child rights and democracy, Dar Ibn al-Atheer for printing and publishing, Mosul, 2009.
- Dr. Mohamed Kamel Laila, Constitutional Law, Ain Shams University, Cairo, 1967.
- Dr. Medhat Ahmed Ghanayem, The Constitutional Judiciary and Its Experience in the Kingdom of Bahrain, Arab Renaissance House, Cairo, 2016.
- Dr. Nabila Abdel Halim Kamel, Monitoring the Constitutionality of Laws, Dar Al Nahda Al Arabiya, Cairo, 2002.
- Dr. Yahya El-Gamal, The Constitutional Judiciary in Egypt, 2000 edition, Dar Al-Nahda Al-Arabiya, Cairo.
Second: Research, periodicals and articles.
- Dr. Tharwat Badawi, The Legal State, Journal of Government Case Management, Cairo, Issue 3, Year Three, 1959.
- Dr. Tharwat Badawi, Constitutional Law and the Development of Constitutional Systems in Egypt, Cairo University, 1969.
- Dr. Yasser Sayed Hussein Sayed, The development of oversight mechanisms for the constitutional judiciary - a comparative study in the Egyptian-French-American constitution, Journal of the Faculty of Arts - Beni Suef University, Issue 50, January - March 2019.
- Salim Naim Khudair Al-Khafaji, Judicial Oversight of the Constitutionality of Laws in Iraqi Constitutions, Ahl Al-Bayt Magazine, Ahl Al-Bayt University, Issue Eight, 2009.
- Ali Younis Ismail, Ragab Ali Hassan, The jurisdiction of the Federal Supreme Court in oversight of the legality of regulations, Tikrit University Journal of Legal and Political Sciences, Issue 7, second year, 2010.
- Mowaffaq Sabri Shawkat, Monitoring the constitutionality of laws, their types, and the opinion of jurisprudence in them, Journal of Dijla University College, Volume V, Issue 1, January 2022.
- Dr. Youssef Abdel-Mohsen Abdel-Fattah, The Experience of Previous Oversight of the Constitutionality of Laws in the Egyptian and Bahraini Legal Systems, The Legal Journal, No. 7, 2017.
Third: Constitutions and laws
- The effective constitution of the Republic of Iraq for the year 2005.
- The Constitution of the Kingdom of Bahrain for the year 2002.
- The Iraqi State Administration Law for the Transitional Period of 2004.
- Law of the Federal Supreme Court No. 30 of 2005 amended by Law No. (25) of 2021.
- Decree-Law No. (27) of 2002 establishing the Bahraini Constitutional Court.
- Bylaws of the Federal Supreme Court No. (1) of 2022.
