مدى اختصاص المحكمة الاتحادية العليا في الرقابة على دستورية حل البرلمان

Abstract EN

The Iraqi legislator mentioned the regulation of the dissolution of Parliament in the core of the 2005 constitution of the republic of Iraq which represents the highest legal rules in the country since it is characterized by inflexibility and superiority.

For all enactment, resolutions and procedures taken by the federal authorities, including dissolving the parliament, must not disagree with the constitutional rules.

The consistency of what is taken by the federal authorities with the constitution and not violating it, according to the principle of the superiority of the constitution, particularly what relates to the subject of my research concerning the dissolution of the parliament, is a matter of the utmost importance and it should be protected and safeguarded otherwise the rules of the constitution in general would remain mere words and assertions devoid of theme and the rules regulating the dissolution of the parliament in particular would remain rules of no avail, in capable of meeting the objective looked for by the constitutional legislator when they mentioned the text of dissolving the parliament.

This protection of the constitutional rules is achieved by establishing assort of "control on the constitutionality" the aim of which is to protect the constitution and to guarantee the application of its rules and not to violate it.

The importance of the subject of the research lies in the fact that it deals with the role the federal supreme court can play in its control on the resolution of dissolving the parliament.

That influential and important role which ensures keeping the dissolution within the framework specified to it by the legislator in the constitution and thus the requested aim of the dissolution is realized.