Initiation of the constitutional case by the administrative judiciary A comparative study between Iraqi, French and Iranian law

Constitutional litigation is one of the most important tools for protection of rights, because it allows the right holder to resort to the judiciary to determine or protect the right. The law gives the administrative judge the right to initiate a constitutional complaint if a text is suspected of being against the law, whether the suspicion occurred alone in the judge or was warned by one of his opponents. And we do not forget that the position of administrative judge is not absolute for constitutional litigation, but is limited to only two means, as we have mentioned, under pressure and referral, and the main purpose of the constitutional case is to dispute the legal texts. Give. The repeal of all laws that have been challenged as unconstitutional for violating the provisions of the Constitution is unconstitutional. This will lead to the repeal of that text, meaning that it is not possible to issue a legislative text that is declared unconstitutional. However, in some cases there is a retroactive effect, meaning that the effect extends to the past, and accordingly, these relationships and situations are considered invalid because they are based on a text that has been proven unconstitutional. Is.