Due to the Federal Supreme Court in monitoring legislative negligence in Iraq

Authors

  • Assistant Dhafer Ahmed Mandil Author

Keywords:

Federal Supreme Court – Legislative omission

Abstract

Abstract: The term legislative omission is considered one of the relatively recent terms that jurisprudence has not yet been able to address to a sufficient extent to agree on defining its meaning or content despite the constitutional judiciary’s confrontation with it. Legislative omission occurs if the legislator neglects, on the occasion of his regulation, one of the topics mentioned in the constitution, which may lead to limiting the effectiveness of the topic in question. Regulation on the one hand, and violating one or some of the constitutional texts on the other hand, and the details of that are that if the legislator intervenes, in implementation of the Constitution’s ruling, by regulating a particular subject of its subjects, then his intervention must be integrated in all aspects, activating all the constitutional guarantees for this subject, as if the legislator neglects one of its aspects that does not Regulation is complete without it, as this would reduce the constitutional guarantees for this subject and would be in violation of the Constitution.

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Published

2024-01-01

Issue

Section

Articles