Self-regulation in the oversight of the constitutionality of laws (an analytical study in light of the internal regulations of the Federal Supreme Court for the year 2022)

Abstract

Abstract: constitutionality of laws is embodied, particularly in the Federal Supreme Court's Internal Regulation No. (1) of 2022, Article (46). This regulation grants the Federal Supreme Court in Iraq the authority to raise the issue of unconstitutionality of legal texts on its own initiative, even if these texts are not included in the litigants' requests, whenever this is necessary to resolve the dispute before it. This regulation reflects a new trend towards strengthening the proactive role of the constitutional judge, as it is not limited to the scope of the specific dispute but extends to protecting the supremacy of the Constitution and ensuring the consistency of the legislative system with it. This procedure also represents an exception to the principle of judicial impartiality, as the constitutional judge becomes a procedural actor who guides the constitutional dispute in a way that achieves effective oversight and upholds the supremacy of the Constitution. This authority is exercised within certain parameters, the most important of which is the relevance of the text being challenged to the subject of the dispute, and its inseparability from it, thus preventing its unjustified expansion. Therefore, autonomy constitutes a legal mechanism that enhances the constitutional judge's autonomy and reinforces their function in safeguarding constitutional legitimacy directly and effectively.