Oversight of the constitutional judiciary on the validity of legislative procedures
Keywords:
- Judiciary. - Constitution. - Rules. - Health. - Legislative.Abstract
: It should not come as much of a surprise that the constitutional judiciary is regarded as one of the most important branches of the judicial system in most nations. This is because the constitutional judiciary is tasked with ensuring that laws passed by the legislative branch are in accordance with the nation's constitutional framework, in addition to playing a significant part in the interpretation of legal principles. Ensuring the full legality of actions taken by national authorities, including those relating to the legality of procedures to be followed by the legislature, states place the utmost importance on their judicial systems. This is because deviating from the legal rules that regulate these systems can be viewed as a violation of the principle of legality. In light of this, states accord the highest priority to their judicial systems. Then it is up to the constitutional judiciary to take on that responsibility and direct that authority back into the path of righteousness by rendering a judgment or making a conclusion regarding the illegality of the legitimacy of those processes, which will undoubtedly lead to the illegality of the conduct that was carried out by them.
References
First: Books:
Mosaddeq Adel: The Constitutional Judiciary in Iraq, Al-Sanhouri Library, Beirut, 2017.
Amin Atef Saliba: The Role of the Constitutional Judiciary in Establishing the State of Law, A Comparative Study, Modern Book Foundation, Lebanon, 2002.
Hamid Hanoun Khaled: Principles of Constitutional Law and the Development of the Political System in Iraq, 1st edition, Al-Sanhouri Library, Baghdad, 2013.
Ghazi Faisal Mahdi: The Federal Supreme Court and its role in guaranteeing the principle of legality, 1st edition, Baghdad, 2008.
Salem Rawdan Al-Moussawi: Formation of the Federal Supreme Court in Iraq between the Constitution and the Law, an analytical and critical reading.
Ahmed Hindi: Principles of Civil and Commercial Trials, Beirut, 1989.
Makki Naji: The Federal Supreme Court in Iraq, an applied study on the jurisdiction of the court and the oversight it exercises, reinforced by judgments and decisions, Baghdad, 2006.
Second: University theses:
Ismail Fadel Halwas Adam Al-Shammari: The legal nature of the decisions of the Iraqi Council of Representatives, a comparative study, PhD thesis, Al-Nahrain University, Faculty of Law 2015.
