Judge's role in interpreting applicable foreign law (Comparative study)

Authors

  • Prof. Dr. Raad. M. Mahmood College of Law, Tikrit University, Salahaddin, Iraq Author
  • The researcher. Raghad Thabit Abdulaziz College of Law, Tikrit University, Salahaddin, Iraq Author

Keywords:

- The judge - The applicable foreign law

Abstract

     Abstract: When applying applicable foreign law, the national judge will face the problem of ambiguity, lack of text or confusion in its meaning, which in this case requires the judge's interpretation. s mental process for determining the meaning of the rule of law, The jurisprudence differs in the role of the national judge  in interpreting the competent foreign law, whether it is interpreted in accordance with the law or in accordance with the law of the foreign State. and one of the means of interpretation that can be used by a judge is internal means of interpretation from within the legal text, or externalities, such as travaux préparatoires,    t       orical sources, customs and customs The role of the Supreme Court in controlling the interpretation of the competent foreign law, after interpretation of foreign law and judgement, Is it acceptable to censor a national judge's judgement that misinterpreted foreign law or not? and whether there were certain exceptions in the latter case or wh   ether the refusal to censor was general and absolute.

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Published

2025-05-27

How to Cite

Judge’s role in interpreting applicable foreign law (Comparative study). (2025). Tikrit University Journal for Rights , 9(4/1), 1-24. https://tujr.tu.edu.iq/index.php/tujr/article/view/69