تفسير النصوص التشريعية بين المحكمة الاتحادية العليا و مجلس الدولة

Abstract EN

The legislative texts were found by human beings to regulate their social, political, economic and other aspects of the relations and transactions to organize their lives, theses texes are naturally exposed to errors or deficiencies and may be ambiguous whether that ambiguity or meaning, and then appear the need to be interpreted them.

Since the interpretation of the legislative texts in Iraq has witnessed multiple stages from the 1925 constitution until the influential constitution of 2005, which provided for the formation of a supreme federal court and explicitly its competence to interpret the constitutional texts.

It also provided for the formation of a State Council and its competencies in administrative justice, In this case, a statement of interpretative jurisdiction for each of these parties, because the competent authorities to interpret the legislation vary according to the legal system of each country, and the body that is interpreting the constitutional texts may not be the same body that is competent to interpret the legal texts.

In this study, the competence of the Federal Supreme Court and the Council of State to interpret the legislation and the legal value of the interpretation issued by both parties and the right to ask for interpretation was clarified, especially in light of the absence of the effective 2005 Constitution and the law of the Federal Supreme Court.