The Supervisory jurisdiction of the constitutional judiciary and its role in protecting rights and freedoms

Section: RESEARCH
Issue
Vol. 24 No. 79 (2022): Volume 24 Issue 79
Published
Jun 1, 2022
Pages
309-346

Abstract

The supervisory jurisdiction is considered one of the constitutional judiciary's most prominent and important functions. Some jurisprudential perspectives even point to the necessity of limiting the function of the constitutional judiciary to this supervisory role.This could be understandable, especially since this supervisory role achieves effective protection of rights and freedoms, whether it is in the form of oversight over the constitutionality of laws and regulations, or in the form of oversight over the omission or deviation of the legislation. Undoubtedly, the achievements of the constitutional judiciary in this regard is clearly noticeable; especially, its approaches to addressing the problem of unconstitutionality of the legislations. Whether exercised through the constitutional oversight over the legislation that are unconstitutional or the oversight that is performed over the omission or deviation of the legislative powers. In the final analysis, the constitution is the source of the rights and freedoms that all authorities must respect, and for which the principle of the supremacy of the constitution guarantees formal and objective immunity from violation.

References

  1. - First - the books:
  2. - The Holy Quran.
  3. (1) Ahmed Fathi Sorour, Constitutional Protection of Rights and Freedoms( Dar Al-Sharq, Cairo, 2000).
  4. (1) Ibrahim Mohi, The Role of the Constitutional Judiciary in Protecting Rights and Freedoms, research published on Website Meknes.bLogspot.com Visited 8/13/2018.
  5. (1) Sahar Muhammad Naguib, The Constitutional Organization for Guarantees of Human Rights and Freedoms, a message Master's degree, unpublished( College of Law, University of Mosul, 2013).
  6. (1) State of Ahmed Abdullah. And Baida Abdel-Gawad, the role of the Federal Court in protecting the rights of Human, ( Al-Rafidain of LawJournal / College of Law / University of Mosul, Vol
  7. (1) The Constitution of the Republic of Iraq for the year 2005 in force.
  8. (1) The constitutional judiciary and its role in applying the provisions of Islamic law( Masters thesis, unpublished, College of Law, University of Mosul, 2012).
  9. (10) Dr. Abdul-Aziz Muhammad Salman, Controls and Restrictions of Constitutional Control(Dar Al-Fikr Al-Jami`i ,2011).
  10. (10) Judge Salem Rawdan Al-Mousawi, The role of the constitutional judiciary in Iraq in addressing the shortage Legislative Council, research published on the internet on the website www.hic.iq, date of visit 8/17/2018.
  11. (11) Counsellor Saad Muhammad Aqeela, State for Interpretation of the Constitution, published on the website Libyanjadgesorganization Date of visit: 08/22/2018.
  12. (11) Dr. Essam Anwar Selim, The Role of the Judiciary in Activating the Constants of Islamic Sharia( Dar Al Jamei Al Jadeed, 2014).
  13. (12) Ammar Koussa, Lectures on the Constitutional Judiciary. Published on the internet on the website amarKoussa Date of visit 14/8/2018
  14. (12) Dr. Essam Said Abdel Ahmed, Oversight of the Constitutionalty of Laws( Modern Institution for Books in Lebanon, 2013).
  15. (13) Dr. Essam Al-Debs, Public Rights and Freedoms and Guarantees of Their Protection, Dar Al Taqafa for Publishing).
  16. (13) Fawzi Hussein Salman, the explanatory jurisdiction of the Federal Supreme Court. Published search On the internet on the website www.iasj.net Date of visit 20/8/2018
  17. (13) Issue (49) for the year (16)).
  18. (14) Dr. Ammar Molokhia, Public Freedoms( New University House, Alexandria, 2012).
  19. (14) Monem Al-Aflouki, Legal Organization of the Constitutional Judiciary. Search posted on the site Email: qu.edu.iq Visited date 7/15/2018
  20. (15) Judge Fakher Saber Bayez Makhmouri, The Independence of the Judiciary( Dar Al kutub Alqanonia, Egypt, 2010).
  21. (15) Maha Bahjat Younis Al-Salihi, Defining the Constitutional Judiciary, research published on Website almerja.com Date of visit 13/8/2018
  22. (16) Judge Nasser Omran, the constitutional reference and its effects on the work of the parliament, A research published on the internet on the website www.hic.iq, date of visit 7/17/2018
  23. (16) Lawyer Kamal Mulla Alo, Iraqi constitutional studies on basic issues of the constitution (The New Iraqi, 2005).
  24. (17) Dr. Muhammad Refaat Abdel Wahab, The Constitutional Control of Laws, ALgameaa Aljadidah Egypt 2011).
  25. (17) Nizar al-Natis news, the explanatory jurisdiction of the constitutional judiciary, published on the website : www.iobabyLon.edu.iq Date of visit: 21/8/2018
  26. (18) Dr. Muhammad Abdullah Al-Shawabkeh, Oversight of Abstention on the Constitutionality of Laws( House of Culture for Publishing and distribution, 2012).
  27. (18) Lawyer Michel Shammas, Constitutional Judiciary Reform in Syria. Posted on the site Email: syrauntoLd.com Visited 8/15/2018
  28. (19) Muhammad Maher Abul-Enein, Legislative Deviation and Oversight of its Constitutionalism(National Center For legal publications, 2013).
  29. (19) Research on oversight of laws, published on the internet on Eddirasa.com, date of visit 20/8/2018.
  30. (2) Adnan Ajil Obaid, Maysoon Taha Hussein, The Nature of the Constitutional Judiciary, research published in a (Journal Al-Hilli Investigator for Legal and Political Sciences, Issue (2), Eighth Year, 2016).
  31. (2) Ahmed Al-Tamimi, The role of the Federal Supreme Court in Iraq in promoting and protecting rights and freedoms in light of international conventions, research published on the websites www.dorar-aLiraq.net, date of visit 24/8/2018
  32. (2) Ehsan Hamid Al-Mafraji. Dr. Katran Zughayer Nehme. Dr. Raad Naji Al-Jedda, General Theory of Law Constitutionalism and the constitutional system in Iraq( second edition, 2007).
  33. (2) Federal Court Law No. (30) of 2005.
  34. (20) Dr. Muhammad Abdullah Muhammad Al-Roken( The Constitutional Organization of Public Rights and Freedoms).
  35. (20) Research entitled Constitutional Dispute Case, published on the internet at Ar.m.wiklbooks.org, date of visit 15/7/2018
  36. (21) An article titled The Legal Basis for Judicial Interpretation of Constitution Texts and Laws is published on the internet at Kilaw.edu.kw, date of visit: 08/21/2018
  37. (21) Nabil Abdel Rahman, Guarantees and Protection of Human Rights( Modern University Office, 2008).
  38. (23) A study on the four most important fateful decisions issued by the Federal Supreme Court, published on the Internet on the website Oneiraqnew.com, date of visit 25/8/2018
  39. (24) The official website of the Federal Supreme Court, Iraqfsc.iq, date of visit 25/8/2018
  40. (25) Muhammad Abd al-Wahhab al-Khafaji, is the legislative authority absolute or restricted in issuing laws, an article published on the Internet on the website www.ahram.org.eg, date of visit 17/8/ 2018.
  41. (26) Counsellor Saad Muhammad Aqeela, State of Tafsir al-Dustori, published on the Internet on the Libyan judges organiztior website, date of visit: 08/22/2018
  42. (27) Helmet Stoinberger, Models of the Constitutional Judiciary, research published on the website www.venice.coe.int, date of visit: 08/22/2018.
  43. (3) Dr. Enas Mohammed Al-Bahaji. Dr.. Youssef Al-Masry, Oversight of the Constitutionality of Laws( Center The National for National Studies, 2013).
  44. (3) Osama bin Saeed Al-Qahtani, Disputing the Jurisdiction of the Courts, published on the Internet at The website is www.aLeqt.com, the date of visit is 17/7/2018.
  45. (3) The explanatory jurisdiction of the constitutional judiciary, ( Al-Mohaqiq Journal Al-Hilli for Legal and Political Sciences, Issue (4), Eighth Year, 2016).
  46. (4) Dr. Hossam Moussa, Constitutional Law( Dar Al-Fikr Al-Jamii, 2014).
  47. (4) Iyas Al-Samuk, a look at the constitutional judiciary, published on the internet on the website www.azzaman.com, date of visit 20/8/2018.
  48. (4) Research published in the Kuwaiti International Law Journal, issue (4), fifth year, for the year 2017.
  49. (5) Mr. Hamid Ibrahim, Oversight of the Constitutionality of Laws in the United Arab Emirates,( Center National Legal Publications, 2011).
  50. (5), Federal Supreme Court, published on the internet on the website Iraqfsc.iq, date of visit 22/8/2018.
  51. (6) Bousalem Rabeh, The Algerian Constitutional Council, its organization and nature, a masters thesis published on the Internet at Bu.umc.edu.dz, date of visit: 17/8/2018.
  52. (6) Dr. Hamid Hanoun Khaled, Principles of Constitutional Law and the Evolution of the Political System in Iraq, (Library Al-Sanhoury, Baghdad, 2012).
  53. (7) Dr. Ragheb Jibril Khamis, The struggle between individual freedom and state authority,() University Office Hadith, 2011).
  54. (7) Jawaher Al-Abd Al-Rahman, Constitutional Oversight on Legislative Deviation, Masters Thesis Published on the internet on the website aLwatannews.net, visit date 17/8/2018.
  55. (8) Rafah Tariq Jassem, the constitutional jurisdiction of interpretation, research published on the website Email: nharainuniv.edu.iq Date of visit 23/8/2018.
  56. (8) Riyadh Aziz Hadi, Human Rights, (Al-Atak Book Industry, Cairo, 2009).
  57. (9) Dr. Adel Al-Tabtabai, The Constitutional Boundaries between the Two Legislative Authorities(Scientific Publication Council,2000).
  58. (9) Riyadh Al-Sindi, The Reality of Interpretation in Iraq, published on the Internet on the website www.raialyoum.com, date of visit 24/8/2018.
  59. Fifthly, websites:
  60. Fourth - Constitutions and laws:
  61. Secondly - Research and articles
  62. Third - Theses :

Authors

Mohammad Alatraqchy

University of Mosul college of law

Nashwaan ِAli

College of Law University of mosul

Identifiers

https://doi.org/10.33899/alaw.2022.132796.1187
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