الاختصاص التفسيري للقضاء الدستوري : دراسة مقارنة

الملخص EN

Interpretation of Constitutional Provisions , is an important function has a great impact and importance not less than other functions of the Constitutional Judiciary , this specilization find it's basis in the nature of judge function , judge have to interpret the legal provision , befor apply it on the specific case.

This role was acted by the Constitutional Judiciary, as an indipendent specilization , listed within the provisions of the constitution , even when such refers wasn't availeble in the constitution , constitutional Judiciary do interpret the provisions of the constitution, by acting his regular function specially his role in the checking apon the constitutionality of laws and actions .

From the opevious point , this research , state the important role of such kind of judiciary , and the impact of that role , in the political operation in a state , we started this research by defining interpretation specilization and it's sources , and study the role of C.J.

in the functions of legislative and exicutive authorities , by it's specilization in the interpretting of the constitution.

We ended this study by portraying the basic results of it , and our recommendations in this concern , we followed comparative research between the American & Egyptian , and Iraqi constitutional regime , by comparing the legal provisions in their valid constitutions: -American constitutions for the year 1787.

-French constitution for the year 1958.

- Egyptian constitution for the year 2014.

-Iraqi constitution for the year 2005.

As well as , by comparing the logical and judicial issues in this concern.