“The phenomenon of the fall in constitutional rulings - Comparative study

Abstract

Abstract: When we hear about constitutional rulings, we understand that the discourse is directed toward a supreme court, adjudicating a dispute, violation, or contravention of a legal text or regulation of aconstitutional text, or aperson challenging the unconstitutionality of a constitutional text, or a conflict of laws, etc. These cases are reviewed by a court called the Federal Supreme Court or the Supreme Constitutional Court as it is called in comparative countries. The phenomenon of lapse in constitutional rulings means that the aforementioned supreme court may revoke a previous decision and issue a new ruling, even if it contradicts the previous ruling. Therefore, this shift in constitutional rulings may result from changing political, social, or economic circumstances, or from a new interpretation of a constitutional text. It goes without saying that the Supreme Court, which is considered the highest judicial authority, may change its opinion on a particular constitutional issue and issue a new ruling that conflicts with a previous ruling it had issued in the same or similar case. The court may amend this ruling for other reasons depending on the changing circumstances surrounding the case, including (political, etc.). It was mentioned earlier that the change is the result of an interpretation of a new constitutional text, and the court finds that the previous interpretation is no longer appropriate in light of the new circumstances. . © 2023 TUJR, College of Law, Tikrit University