Interpretation of constitutional texts
- Author:
- Qaisar Jawad Kazem Al-Ghazi
- Level:
- Master
- Field of study:
- Law
- Language:
- Arabic
- Faculty:
- Faculty of Law
- Year:
- 2021
- Publisher:
- URD Press
- Supervisor(s):
- Hussain Jawan Arasteh
Interpreting the constitutional texts is a vital and important process because it is one of the most important means leading to clarifying the contents of the constitutional texts, memorizing the meaning of the constitutional texts, and standing on the will of the legislator, the author of the constitutional texts, that he wants when he sets the texts, as the practical application of the constitutional texts is not done correctly unless those texts are clear. It is free of ambiguity and ambiguity surrounding the texts in general as a result of the development taking place in the conditions of the group. Therefore, the importance of interpreting the constitutional texts seems clear as it aims to remove the contradiction and remove the contradiction and ambiguity that affect the texts, not in order to ensure the accuracy and integrity of the practical application of the constitutional texts
Through this modest study, we dealt with the interpretation of constitutional texts, due to the absence of an independent study in constitutional jurisprudence, unlike what is the case in comparative legislation.
In this study, we have followed the descriptive and analytical approach. At the conclusion of this study, we have reached a number of conclusions and recommendations, as one of the most important of these findings reached by the researcher was that the Federal Supreme Court in particular and the Iraqi constitutional jurisprudence in general will not specify rules for the interpretation of constitutional texts and did not follow what Legislation in comparative constitutions followed it during its practice in the process of interpreting constitutional texts.
One of the most important recommendations that resulted from the study is the need to identify and indicate the constitutional body that undertakes the process of interpreting the constitutional texts, as well as the statement of the procedural mechanism specific to the conduct of the interpretative process with explicit constitutional texts, since this constitutes an important guarantee for the decisions of the body that undertakes the interpretative process, as this determination is of great importance in strengthening Confidence in the explanatory body and its explanatory decisions issued by the community in general and those seeking interpretation in particular.