أثر الإصلاح على فاعلية القضاء الدستوري

Abstract EN

No doubt that the independence of justice affects largely its efficiency and constitutional activities.

the 2005 Iraqi constitution is considered one of the most constitutions confirming the independence of jurisdiction through organizing its provisions.

among the advantages brought by this constitution is that it made the court more stable and away from political disturbances where the democratic system in Iraq always highlights the political situation and continuously generates new authorities which makes it more independent with respect to this permanent membership.

in accordance with the society's development and in response to the needs of its individuals, some constitutional changes appeared which affected the constitutional judiciary and are represented in a number of factors whether directly or indirectly.

direct factors are represented in the formation of control authorities and the work of its members.

indirect factors are represented in the political reality, the society's culture and others which affect largely the efficiency of constitutional judiciary.

we can't deny that these reforms constitute a large positive aspect since the constitutional reform especially is considered the core of what has been generated by developments.

although the valid Iraqi constitution specially has been written in difficult conditions, these conditions didn’t prevent confirming the independence of constitutional judiciary and the immunity of its members; where this is what we assume in this research.