Constitutional oversight of treaties A Comparative Study of Iraqi and Iranian Law

The issue of overseeing the constitutionality of (international treaties) is one of the important issues, because it is related to constitutional protection not against the texts of national legislation, but rather against international legislation, on the one hand, and on the other hand, this oversight, with its supreme constitutional status, constitutes a barrier preventing any breach of the state’s sovereignty and internal interests. Therefore, the various countries adopted in their constitutions several trends in their regulation of this type of oversight, some of which assigned it to the legislative authority, some left it to the judiciary, and some of it entrusted it to an independent body. However, the problem lies in the constitutions that did not assign the task of oversight either to the judiciary or to an independent body, and the legal value of the treaty was not specified in relation to internal legislation as it is in Iraq, where the task of ratifying the treaty was assigned to the President of the Republic and after the approval of the House of Representatives, while the same task was entrusted in Iran is referred to the Islamic Consultative Assembly, because this problem lies in the lack of independence of this legislative authority, and in order to reach the goal and the desired goal of this study, we have relied on the descriptive and analytical approach of some of the laws in force that relate to international treaties in Iraq and Iran, and we have also used in some citizens the inductive approach of legal texts The main objective of this study was to identify the most important constitutional mechanisms and how they deal with international treaties and agreements in Iraq and Iran in terms of their compatibility with the legislation and internal laws stipulated in these constitutions, and whether they are superior to those constitutions or vice versa and finished In conclusion, the research showed the most important findings of the study, the most important of which are:

1- Through this study, we came to the conclusion that oversight over the constitutionality of international treaties emerges when the legal value of national and international legislation differs. Otherwise, such control is useless if the legal value is equal.

2- The Iraqi constitution in force for the year 2005 did not include determining the legal value of treaties, except that it specified the competent authority to ratify treaties by the President of the Republic after the approval of two-thirds of the members of the Iraqi Council of Representatives. However, the authority responsible for ratifying international treaties and agreements in Iran is the Shura Council. Islamic law, according to Article 77 of the enforceable constitution.