Article Title

Legal Security Considerations in the Provisions of the Iraqi Constitutional Court: A Comparative Study

Authors

nather alqaisi Dr., Lecturer of Public Law , Department of Law, College Imam Al-Azam University, Baghdad, Republic of IraqFollow

Abstract

The importance of monitoring the constitutionality of laws by establishing the foundations of the principle of legality and the protection of rights and freedoms relating to individuals, and when the constitutional judiciary exercise its function in the control of the constitutionality of laws, the provisions of the unconstitutional text of the law has been applied for a period of time and arranged the rights of individuals requires that the implementation of the provision impact Retroactive to the principle of legality, but the application of this concept to launch may lead to the absence of the principle of stability of legal centers and the principle of respect for acquired rights.

It was therefore important to strike a balance between two important considerations. First, it was his duty to address and judge the unconstitutionality of legal texts in case of conflict with the provisions of the Constitution; the second consideration was the right of individuals to enjoy adequate stability and stability of their legal status, Legal security.

Recommended Citation

alqaisi, nather Dr. (2020) "Legal Security Considerations in the Provisions of the Iraqi Constitutional Court: A Comparative Study," مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL: Vol. 82: No. 82, Article 7.
Available at: https://digitalcommons.aaru.edu.jo/sharia_and_law/vol82/iss82/7