موضوع الدعوى الدستورية

Abstract EN

The subject of the constitutional case is one of the thorny issues in jurisprudence and legislation.

It is known that the law, that is, the legislation issued by Parliament, is subject to control over the constitutionality of laws, but there are other acts issued by Parliament that are parliamentary actions and they mean everything that one or both houses of Parliament or any employee in Parliament does.

From material or legal acts other than legislation, these acts raise controversy in their subjection to the oversight of the constitutionality of laws and differ according to the constitutional structure of each country.

Iraq is one of the countries of the dual judiciary With the existence of two bodies of ordinary and administrative judiciary and according to the second amendment of the State Consultative Council No.

108 of 1989, the regulations became considered by the Administrative Judiciary Court, and this means a positive conflict between the Federal Supreme Court and the Administrative Court in the view of the regulations (regulations), and with regard to the reference in determining the constitutional case If the constitution does not raise a problem as it is the first reference in determining the constitutional case, then the constitutional custom raises a major problem, especially the custom.The average for countries with static constitutions, as well as declarations of rights raise a problem in that and according to the constitutional structure of the state and also Islamic Sharia, where the second article of the Iraqi constitution of 2005 states after Islamic Sharia is a source of legislation and it is known that Islamic Sharia differs according to jurisprudence in assets, not to mention branches.