Guarantees of the Enforcement of the Constitutional Rules )A Comparative Study between Iraq and Algeria(

There are increasingly widespread violations of rights and freedoms, which have begun to threaten the legal foundations of the state. Hence the importance and gravity of the topic, which requires further studies and scientific research in order to consolidate the concept of rights and freedoms in Iraq and Algeria and the availability of legal state guarantees from educating Iraqi and Algerian citizens. Through constitutional oversight, the Iraqi constitutional judge can support and contribute to building the rule of law in light of the permanent 2005 constitution, and at the same time we aspire to more efforts for the Iraqi constitutional judiciary and more studies in the field of constitutional oversight in order to embody the state of law, and there is no doubt that there is a judiciary. It is constitutional and independent, although in its beginnings one of the most important guarantees for the protection of citizen’s rights and freedoms. In Algeria, the February 2016 constitution had more than “160 amendments” between radical or limited, defining the nature of government, separating the three executive, legislative and judicial powers, and resolving some sensitive issues such as the Amazigh language, the independence of the judiciary, and the establishment of parties, associations, and the media.

This thesis, based on the descriptive and analytical approach, believes that the principle of separation of powers and oversight over the constitutionality of laws, and mutual oversight between the legislative and executive authorities are among the most important guarantees of the enforcement of constitutional rules, especially in Iraqi and Algerian law, with a slight difference between them. Each of the legal, judicial and social structures has methods and requirements for implementing the enforcement of constitutional rules in Iraqi and Algerian law, and each has its weaknesses and strengths. Parliament overseeing the work of the executive authority, and independent parliamentary bodies overseeing the actions of the executive authority are among the most important mechanisms for governing the legislature over the constitutionality. Although the House of Representatives is not independent from the executive authority, it has made an effective contribution to the protection of public rights and freedoms through the fatwas and decisions it issued against the various components of the executive authority. We have seen boldness and courage in some decisions that are less than comparable in comparative systems.