التفسير القضائي لنصوص الدستور

Abstract EN

The constitution is the supreme law in the state and all public authorities in the state are bound by its provisions and work according to it.

However, in some cases the constitution may be tainted with some defects such as deficiency, shortcomings, ambiguity, contradiction, and lack of clarity in the legislative drafting, which affects its implementation, which requires identifying and addressing these flaws from Interpretation of the texts of the constitution in line with the importance of the constitutional document.

Therefore, we find that constitutions have been keen to specify the authority that undertakes this task.

Therefore, most constitutions make the judiciary and specifically the constitutional one who undertakes this interpretative task of the texts of the constitution, but within the framework of adherence to the will of the constitutional legislator, whether apparent or implicit in particular.

And that the will of the legislator varies, to appear or not to appear, in addition to the need to know the position of the Constitution of the Republic of Iraq for the year 2005 on the issue of judicial interpretation of the provisions of the constitution through discussion and analysis of the decisions of the Federal Supreme Court and the channels through which the interpretation of the provisions of the constitution is exposed, in addition to knowing the legal adaptation of these decisions issued by court.