الترجيح في المصالح الدستورية : دراسة في دستور العراق لعام 2005

Abstract EN

This research deals with the issue of constitutional shootout interests which are connected to the philosophy and ideology of this Constitution or so, especially the legal idea prevailing, and this sense, the constitutions contain a number of interests that may equal each other in important or the other in conflict, one of them may precede if this interests conflicting that arises is how to contain the constitution on the conflicting interests? We say there would have been three authorities, each of which is trying to impose its hegemony on the other, claiming, what is known as the principle of separation and takeover of the authority of the range of powers at the expense of other authority under the hammer of what is known as the emergency law or martial law or even the theory of necessity.

Inevitably it will receive what may have dire consequences of the conflict of interest and that there is diversity within the constitutional document in the objectives and powers and the latter will reflect on the diversity of interests and this will lead to wrestle constitutional interests.