The indivdual right to defence the unconstitutionally of laws Before judicial authorities “a comparative study between Iraqi and Moroccan law”

   The right to defend the unconstitutionally of laws is a form of judicial oversight of the constitutionality of laws and it is considered one of the most important ways to move that control. It is a general guarantee for individuals and guarantees them the most important constitutional rights and it results in a achieving justice and fairness, for litigants, oversight over the constitutionality of laws achieved by means of subset diary pleading when a specific dispute is raised before a regular court and one of the litigants believes that the low that will be applied to the dispute is constitutional so ,he argues that it is unconstitutional ,meaning that the court’s jurisdiction to consider the constitutionality of laws is separate from the original low suit before it, and the litigant can defend against constitutionality in all stages of the case provided that the judgment has not acquired the final degree.

Pleading for unconstitutionally is a condition that there is a dispute before one of the judicial authorities, that the defers of unconstitutionally is form one of the parties to the low suit, that the contested low affects the rights and freedoms guaranteed by the constitution in addition to that, the defence of unconstitutionally must be serious and productive in deciding on the original case brought before this trial judge in relation to the substantive conditions the capacity eligibility, and interest.

The ruling that the low abolishing this low is unconstitutional and that it is not applied in both the Iraqi and Moroccan constitutions.