Oversight of the constitutionality and legality of laws in the Iraqi constitution compared to the Iranian constitution

Author:
Hussam Sabbar Brissem Al-Hamdani
Level:
Master
Field of study:
Low
Language:
Arabic
Faculty:
Faculty of Law
Year:
2021
Publisher:
URD Press
Supervisor(s):
Reza Mohammadi

Monitoring the constitutionality of laws is an important matter. This is because ensuring the laws and their compliance with the constitution ensures the effectiveness of the actions of government institutions. The importance of oversight can be influenced and influenced by the fact that it is reliably linked to government performance. They are the reciprocal result between these functions. To achieve its goals. Supervision is the end result of the government’s duties and actions. Used to measure the performance of implemented programs and their implementation methods.

 Through research, we have come to the conclusion that the legislature approves both constitutions and ordinary laws, and that oversight of the constitutionality of constitutions is of great importance for two reasons. Among them, the completion of constitutional and indirect provisions related to the rights and freedoms of individuals. Through these authorities, as a second reason – the relationship of these constitutions to the rights and freedoms of individuals directly through the regulation of their rights and freedoms, it was also concluded that the Iraqi constitution, despite regulating the independence of the judiciary from the legislature and the executive, It is still under indirect pressure from the executive and is in many cases subordinate to the executive. The judiciary in Iraq suffers from weakness and in many cases seems to be subordinate to the executive branch. Due to the weakness of the judiciary, it is not possible to create a democratic civil government. Therefore, it is very important to examine the officials of this authority and the laws governing its institutions.

 We also came to the conclusion that the faqih or what is known as the board of directors of the country or the supreme leader of the country, what is known as the eminent, is the highest institution for drafting the constitution and direct control over it. , Whether political or judicial in the Islamic Republic of Iran.