التفسيرات الصادرة من المحاكم الدستورية و أثرها في تعزيز مبدأ المشروعية : دراسة مقارنة

الملخص EN

The Supreme Federal Court, under the Permanent Constitution of Iraq in2005, granted several powers including the competence of interpreting the constitution, limited to constitutional texts without other laws, and making this jurisdiction exclusive to this court, issuance of interpretive opinion on the occasion of the practice of the Court of the original jurisdiction of the interpretation represents a function of a specialized nature enshrined by the Constitution in the body prepared for this purpose, as the most are competent to exercise this jurisdiction.

Since the higher courts generally have a distinct position than the rest but in contrast, we find that the court has issued its interpretive opinion in the interpretation of other laws, what is the consequence of this action? Does this consider a constitutional violation, or is it development to expand its interpretation in line with current and future developments? The constitutional and constitutional judiciary through the interpretation of the Constitution or the legal texts may reflect implicit principles within the Constitution itself or the law.