The legal system of the constitutional lawsuit A comparative study between Iraqi and Egyptian law

This study dealt with the constitutional claim in the Iraqi constitutional system while comparing it with the Egyptian constitutional system in considering the constitutional case as a means to achieve a double goal represented in protecting the principle of the supremacy of the constitution on the one hand and protecting the rights and freedoms guaranteed by the constitution for individuals and clarifying the extent to which control is imposed on the constitutionality of legislation, laws and regulations. It is considered one of the most important The means in the constitutional judiciary, especially the orientation of countries to establish a constitutional judiciary, including Iraq and Egypt, where the Federal Supreme Court was formed, the highest specialized and independent judicial body to consider constitutional cases in Iraq in 2005, and the formation of the Supreme Constitutional Court in Egypt in 1979, the highest independent specialized judicial body in considering constitutional cases. Constitutionalism is the most important legal means that enables the Iraqi and Egyptian constitutional courts to impose this oversight on the constitutionality of legislation that violates the constitution, to cancel constitutional texts that are proven to be in violation of the constitution, and to refrain from applying texts that are proven to be in violation of the constitution. Iraq 2005 Federal Court Law The Supreme Court in Iraq No. (30) for the year 2005, the Constitution of the Arab Republic of Egypt for the year 1971, amended in 2014, and the Law of the Supreme Constitutional Court for the year 1979. The decisions of the constitutional courts are final and not subject to appeal, including the decisions of the Federal Supreme Court in Iraq and the decisions of the Supreme Constitutional Court in Egypt

And the ways of communication of the constitutional case with the court differ from one state to another. The Federal Court law organized the methods of communication in two ways, namely, direct action and sub-push, but the law of the Supreme Constitutional Court in Egypt organized the communication of the case in the court through referral, sub-push and direct response.