The competence of the public prosecutor in the field of con stituional oversight in lraqi law

The Iraqi Public Prosecution Law No. 49 of 2017، granting a new jurisdiction to a member of the Public Prosecution was not preceded by the repealed Public Prosecution Law No. 159 of 1979 AD، which is to challenge the unconstitutionality of laws and regulations.  The executive authority violates the provisions of the constitution in force، so this legislation or system is considered unconstitutional، and this competence did not exist previously in Iraqi law and is considered one of the new things in the law.  Eleventh of the Iraqi Public Prosecution Law of 2017، to challenge the constitutionality of laws and regulations، this new jurisdiction granted to a member of the apparatus must be studied.  The parties to the case are based on the supremacy of the constitution، which is the highest hierarchical rank in legal legislation.

 There must be conditions that the member of the Public Prosecution shall abide by in preparing the petition، and other conditions related to the contested law and others related to the seriousness of the payment and the public interest that the member of the Public Prosecution aims to achieve as he represents the entire community، up to the effect of the ruling issued by the Federal Supreme Court، which has absolute authority.  For all and authoritative in relation to the parties، and the judgment issued is considered a revealing of the legislative defect that violates the Constitution from the date of its enactment، and the effect of the judgment after the constitutionality in terms of criminal and tax.