Interpretation of Legal Texts: A Comparative Study in Iraq and Egypt

The role of the constitutional judge in legislative reform is manifested through his role in interpretation while performing his constitutional powers, especially oversight over the constitutionality of laws. Judicial interpretation In addition, which was the Italian Constitutional Court which played the leading role in this field, then followed by the French Constitutional Council and the Egyptian Constitutional Court, but according to specific rules and a specific scope. The emergence of the palliation of constitutional oversight over the work of the legislative authority, and the fulfillment of this role by some judges, could not have passed without resulting in tension between the constitutional judiciary and parliamentarians in some historical periods for members of parliament elected directly by the people, armed with representative legitimacy, and a sensitivity to oversight. On their legislative work, especially when the constitutional judiciary invalidates legislation issued by Parliament according to a different interpretation of the articles of the Constitution. On the other hand, the oversight of the constitutionality of laws requires the constitutional judiciary to interpret the articles of the constitution, which made the constitutional oversight authority automatically include the power to interpret the text, thus creating the problem of determining the reference stage for the interpretation of the constitution. This study uses theoretical sources to research and deepen the intellectual framework of the subject, in addition to what has been published of related topics, according to the analytical and inferential approach, as well as the use of the comparative approach, through the comparison between the Iraqi and Egyptian laws in the mechanism of each of them in the interpretation of legal texts.