الدعوى الدستورية بين القانون و قرارات المحكمة الاتحادية العليا في العراق : دراسة تحليلية

الملخص EN

Constitutional lawsuit targeting strife law which marred the suspicion of violation of the Constitution, one of the most important means of protecting the principle of legality in its generic sense, as the Constitution on the legal top of laws in every country, so the legislature as having inherent jurisdiction legislation of laws must put into account the restrictions of the constitution in the state in oerder not to fall in a circle of unconstitutionality .

constitutional law suit is a means offensive directly targeting laws suspected of violating the constitution , to tighten the controls of Constitution.

The research defined the concept of constitutional lawsuit, clarifying the roles of it according to the general basics and according to the constitutional provisions , the judgment of it and the important implications.

Research will highlight on the constitutional case in Iraq in terms of the constitutional basis for it, carried by the constitutional documents and details of this case, in the related laws organized a constitutional lawsuit in Iraq and added by the constitutional text founder of it, also discussing this suet in the Federal Supreme court decisions as the competent authority in overseeing the constitutionality of laws in addition to the other terms of reference, and analysis of the Court's approach, through access to the most important decisions regarding the determination of the constitutional claims.

Research has been enhanced by many of the relevant research topic Supreme Federal Court decisions and sealed the most important reached results to it and the recommendations that came out of research for best control process on the constitutionality of laws in Iraq through direct suit.