نزار محمد جاسم فلسفة عريضة الدعوى الدستورية

Abstract

This research addresses the philosophical and intellectual foundation of the constitutional lawsuit petition, as a legal means through which individuals or competent entities can challenge the constitutionality of laws or procedures before the constitutional court. This research represents an attempt to understand the deep nature of this petition, not merely as a formal legal procedure, but as a tool with a philosophical dimension that expresses a constant struggle between authority and rights, between text and interpretation, and between law and politics.

This research also aims to analyze the philosophy of the statements included in the constitutional lawsuit petition, by examining the legal, functional, and intellectual implications of each statement that must be included in the petition. The statements listed in the lawsuit petition are not just formal elements, but essentially reflect the constitutional thought and the philosophy of judicial review of the constitutionality of laws.The research discusses how each statement in the petition represents a building block in establishing a sound constitutional lawsuit that lays the foundation for balanced objective oversight, while simultaneously revealing the delicate balances between the principle of separation of powers and the individuals’ right to access constitutional justice.