Determining the time frame for the enforcement of the rulings of the Federal Supreme Court in Iraq - A comparative study

The texts regulating the enforcement of constitutional court rulings were not uniform, as some of them were ambiguous and vague, and others neglected to regulate this issue despite its importance. The countries of the world did not settle on a general rule governing the enforcement of rulings issued as unconstitutional in terms of time and reason. These countries did not settle on a single rule in this area, which is the balance between legal security and constitutional legitimacy. Individuals do not care about the legal basis on which a ruling of unconstitutionality is based as much as they care about the effects of this ruling on their reality. To ensure this, the constitutional judge must ensure the confidence of the community in the law and maintain stable legal positions, and at the same time ensure that the laws conform to the rules of the higher law, otherwise they become illegitimate.

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Publication Details

Journal
AL-Qadisiya Journal For Law and Political Sciences
Published
2025-06-01
DOI
https://doi.org/10.63677/jqlap.2025.187836
Primary Topic
Judicial and Constitutional Studies
Type
article
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article

Determining the time frame for the enforcement of the rulings of the Federal Supreme Court in Iraq - A comparative study

Ghanem Dahsh, Amani Aweiz
AL-Qadisiya Journal For Law and Political Sciences
Judicial and Constitutional Studies
article

Determining the time frame for the enforcement of the rulings of the Federal Supreme Court in Iraq - A comparative study

Ghanem Dahsh, Amani Aweiz
article en

Abstract

The texts regulating the enforcement of constitutional court rulings were not uniform, as some of them were ambiguous and vague, and others neglected to regulate this issue despite its importance. The countries of the world did not settle on a general rule governing the enforcement of rulings issued as unconstitutional in terms of time and reason. These countries did not settle on a single rule in this area, which is the balance between legal security and constitutional legitimacy. Individuals do not care about the legal basis on which a ruling of unconstitutionality is based as much as they care about the effects of this ruling on their reality. To ensure this, the constitutional judge must ensure the confidence of the community in the law and maintain stable legal positions, and at the same time ensure that the laws conform to the rules of the higher law, otherwise they become illegitimate.

AL-Qadisiya Journal For Law and Political SciencesVol. 16(Issue: 1 part 2 / 2)
University of Al-Qadisiyah (IQ)
Peace, Justice and strong institutions
Openalex Percentile: Top 5%
Judicial and Constitutional Studies
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Determining the time frame for the enforcement of the rulings of the Federal Supreme Court in Iraq - A comparative study — Ghanem Dahsh, Amani Aweiz · AL-Qadisiya Journal For Law and Political Sciences (2025) | TGRS Research Map | TGRS