Constitutional Public Order and its Applications under The Constitution of The Republic of Iraq for The year 2005
DOI:
https://doi.org/10.35246/jols.v37i2.548Keywords:
Constitution, Public Order, Iraq, Constitutional System, Constitutional JudiciaryAbstract
This research deals with the idea of a constitutional public order, determining its nature, and its applications in light of the Constitution of the Republic of Iraq for the year 2005, by reviewing the relevant constitutional and legal texts, and comparing them with the principles followed by the Federal Supreme Court on the one hand, as well as comparing the behavior of the Iraqi constitutional legislator with some Comparative trends relevant to this topic, especially in Egypt and France, in order to try to draw a road map related to this idea in Iraqi legislation and jurisdiction.
The importance of the research is the scarcity and lack of in-depth studies by constitutional jurists in Iraq despite their abundance in the writings of comparative jurisprudence, as well as the practical importance that is embodied in the knowledge of the position of the Iraqi constitutional judiciary represented by the Federal Supreme Court of the idea of a constitutional public order, and the evaluation of these applications in the light of constitutional and legal texts .
The research aims at defining the frameworks and boundaries between the constitutional public order and the public system in other branches of law, as well as evaluating the constitutional formulation that the 2005 Constitution of the Republic of Iraq has applied in defining the idea of a constitutional public order under the prevailing political, economic and social conditions, without losing sight of On evaluating the practical reality of applying the idea of a constitutional public order in the decisions of the Federal Supreme Court.
Therefore, the question that the broadcast aims to explain is the extent to which the constitutional public order relates to many changing ideas in the jurisprudence of constitutional law. the most important of which are: in the idea of including constitutional rules, the idea of public order, and the prevailing legal idea, and then defining the boundaries between them.
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References
First: Arabic Books
i. Dr. Anwar Sultan, 1981, General Legal Principles, Dar Al-Nahda Al-Arabiya for Printing, Publishing and Distribution, Beirut.
ii. Dr. Abd al-Razzaq al-Sanhouri, 1952, The Mediator in Explanation of Civil Law, The Theory of Commitment in General, Dar Al-Nashr Lliljamaeat Al-Misria and Greentridge Press, Cairo.
iii. Dr. Ahmed Muslim, Summary of Comparative Private International Law in Egypt and Lebanon, Dar Al-Nahda Al-Arabiya for Printing, Publishing and Distribution, Beirut, without the year of publication.
iv. Dr. Prof. Dr. Hussein Abdullah Al-Kalabi, 2016, The General Doctrinal System, Maktaba Al-Sanhouri, Beirut.
v. Dr. Bikhal Muhammad Mustafa, 2013, A Study on the Idea of Law in the Constitution, Maktabat Zayn Al-Huquqia - Beirut.
vi. Dr. Eid Ahmed Al-Ghafloul, 2006, The Idea of the Constitutional Public Order and its Impact on Determining the Scope of the Constitutional Case (Comparative Study), Dar Al-Nahda Al-Arabia, Cairo.
vii. Dr. Ihsan Hamid Al-Mafarji, d. Katran Zughair Nehme, d. Raad Naji Al-Jeddah, 1990, The General Theory of Constitutional Law and the Constitutional System in Iraq, Press of the Ministry of Higher Education and Scientific Research, Baghdad.
viii. Dr. Ramzi Al-Shaer, 2005, The General Theory of Constitutional Law, Dar Al-Nahda Al-Arabiya, Cairo.
ix. Dr. Abdul Ghani Bassiouni Abdullah 2004, Mediator in Political Systems and Constitutional Law, Matab' Al-Sa'dani, Alexandria.
x. Dr. Suleiman Marks, 1952, Introduction to the Study of Legal Sciences, Cairo.
xi. Dr. Maher Salih al-Jubouri, 1991, Administrative Law, Matab' Baghdad University.
xii. Dr. Mossadeq Adel Talib, 2016, Lectures on Media and Publication Laws, An Analytical Study of Iraqi Legislation, Maktabat Al-Sanhouri, Baghdad.
xiii. Dr. Mosaddeq Adel Talib, 2015, Constitutional Judiciary in Iraq, Maktabat Al-Sanhouri, Beirut.
Second: Theses, Letters and Research:
i. Magdy Mohamed Ziadeh, 2009, Political trends and their impact on constitutional oversight, PhD thesis, Faculty of Law, Ain Shams University.
ii. Alqadhi Samer Jassim Hadi Al-Sharifi, 2014, The Interest in the Constitutional Case, Research submitted to the Judicial Institute, Baghdad.
Third: Legislations
iii. The French Constitution of 1958.
iv. The German Constitution of 1949
v. The Iraqi Basic Law of 1925.
vi. The Constitution of the Republic of Iraq of 2005.
vii. The Kuwaiti Constitution of 1962.
viii. Iraqi Civil Law No. (40) of 1951.
ix. Supreme Constitutional Court Law No. 48 of 1979.
Fourth: Judicial decisions
i. Federal Supreme Court Decision No. 87 / Federal / 2013 issued on 9/16/2013.
ii. Federal Supreme Court Decision No. 3 / Federal / 2016 issued on 9/8/2016.
iii. Federal Supreme Court Decision No. 88 / Federal / 2010 issued on 18/1/2010.
iv. Federal Supreme Court Decision No. 29 / Federal / 2020 issued on 3/16/2020.
Fifth: Foreign Sources
i. Michel debene, 1978, le conseil constitutionnel et les principes particulierement necessaire a notre temps, a.j.d.a.
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