Constitutional legitimacy of remote litigation

Abstract

Abstract: Modern technological means have become an important tool in shortening some litigation procedures. However, the use of these means must enjoy constitutional legitimacy, as enjoying a fair trial and investigation requires the availability of a set of constitutional guarantees and principles. the most important of which are confrontation, documentation, publicity, and orality. In fact, the Iraqi and comparative legislator did not aim to establish constitutional texts that would give them this legitimacy, but rather stipulated a set of important principles that must be available in every trial. This research included explaining the nature of remote litigation and evaluating it to highlight its advantages and disadvantages, as well as referring to the constitutional principles that guarantee the establishment of a fair and equitable trial.