الحدود الدستورية للقوانين العادية في ظل دستور جمهورية العراق لسنة 2005

Abstract EN

The basis for the existence of the state and the justification for its authority is the constitution, for it is the supreme law in the country that expresses the will of the people according to the gradation of the legal base in terms of strength and according to what Hans Kelsen explained that the ordinary law is less powerful than the constitution, it is restricted by the limits of the constitutional text.

this law is considered illegitimate, so it is approved to abstain from its application or cancel it according to the type of control over the constitutionality of laws, and this is what necessitates respecting its provisions and not violating its texts.

the Iraqi constitution of 2005, like most constitutions, sets a general framework that legal texts must not deviate from.

it is specified by article two of it (that it is not permissible to enact a law that contradicts the constants of the provisions of Islam and the principles of democracy, or with the basic rights and freedoms contained in the constitution.), but it was not drawn up.

limits to the mentioned restrictions, clearly and explicitly, away from the jurisprudence that may be affected by the existing political milieu, especially since there is no legitimate law that defines the constants of the provisions of Islam, or the principles of democracy.

and this is what necessitates research and finding out the sources of these restrictions and their feasibility, and whether this requires amending.