م.م وسام أحمد شحاذه البياتي القضاء الدستوري درع الدستور وحامي مبدأ الفصل بين السلطات

Abstract

Abstract

    The constitutional judiciary is of great importance in protecting the constitution, respecting its texts, and preventing the authorities from encroaching upon it or the authorities from encroaching upon the powers of others, going beyond the limits drawn by the constitution. Perhaps the most important function of the constitutional judiciary is to monitor the constitutionality of the laws enacted by the House of Representatives, as well as monitoring the instructions and regulations issued by the government. The constitutional judiciary is the one that interprets what needs interpretation from the texts of the constitution, and it is the one that settles disputes that occur over powers between the executive and legislative authorities, or disputes that occur between the government and the regions or with the governorates. The constitutional judiciary is the protector of the principle of separation of powers. Each authority knows its powers and has no right to encroach upon the powers of others. The constitutional judiciary is the one that prosecutes the president, the prime minister, or the speaker of parliament in the event that they commit a crime that requires prosecution. The  research also dealt with the Iraqi experience in the field of constitutional judiciary from the royal era until 2003, as well as the post-2003 period under the constitution issued in 2005.

Keywords:

Constitutional judiciary, separation of powers, constitutions of the royal and republican eras, the 2005 constitution, the federal court.