تصدي المحكمة الاتحادية العليا في العراق للانحراف التشريعي

Abstract EN

Undoubtedly, the legislator has the authority to assess the motives of the legislation and the goals it seeks to achieve, and the freedom of organization that it deems appropriate to achieve those goals, assessment and comparison between alternatives and options.

if the will of the legislator is directed to achieve goals that contradict the goals for which the constitution grants him this authority, such as targeting specific political or partisan interests or harming a specific group, then the legislation is tainted by legislative deviation.

the issue of the legislative authority’s competence to legislate laws and its enjoyment of the discretionary power does not necessarily mean freeing its hand and not confronting it by the constitutional judiciary, whether by repealing the text that contradicts the constitution or refraining from its application.

hidden contradiction between them