Legal nature of Constitutional spend (A comparative study) | ||
| AL- Mouhakiq Al-Hilly Journal for legal and political science | ||
| Article 1, Volume 8, Issue 2, June 2016, Pages 537-572 | ||
| Authors | ||
| A.P.Dr. Adnan Ajel Obeid; Lec. Maison Taha Hussein | ||
| Abstract | ||
| ABSTRACT The research dealing with the Essence or Nature of Constitutional Judiciary , as this concept means , Constitutional Judiciary , as a concept it's nature causing many inquiries , wich are headed by the possibil Political nature of this institution , according to the impact of it's function wich may affict strongly in the field of politics . As aconsequences to what minsioned a bove , we are about tow assumptions : First: is to approve the posibility of playing political role , by the constitutional judiciary, as it depends in it's work , on the provisions of the constitution of state .these provisions are legal & political , by itself because constitutions are orgenizer of the political, legal operation in the state, in addition to it'a role in the other fields of life in the state. Second : is to refuse the posibility of playing political role , by the constitutional judiciary , according the principle of judiciary indipendence,and the necessities of being neutral . interferanc of constitutional judiciary in the political life makes it under the impact of politics , so this assumption refuse the political nature of constitutional judiciary ,and approve the legal nature of constitutional judiciary. According to the mentioned above , this research standed on the assumption that agree the legal nature of constitutional judiciary, , and tried to prove the political effects of the function of constitutional judiciary, by clarifying the meaning of constitutional judiciary and it's features . | ||
| Keywords | ||
| Legal Nature; Constitutional spend | ||
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