Interpretative jurisdiction of the Constitutional Justice (A Comparative Study) | ||
| AL- Mouhakiq Al-Hilly Journal for legal and political science | ||
| Article 1, Volume 8, Issue 4, December 2016, Pages 412-446 | ||
| Authors | ||
| A.P.Dr.Adnan Ajel Oubaid; Maisoon Taha Hussain | ||
| Abstract | ||
| Abstract Interpretation of Constitutional Provisions , is an important function has a great impact and importance not less than other functions of the Constitutional Judiciary , this specilization find it's basis in the nature of judge function , judge have to interpret the legal provision , befor apply it on the specific case. This role was acted by the Constitutional Judiciary, as an indipendent specilization , listed within the provisions of the constitution , even when such refers wasn't availeble in the constitution , constitutional Judiciary do interpret the provisions of the constitution, by acting his regular function specially his role in the checking apon the constitutionality of laws and actions . From the opevious point , this research , state the important role of such kind of judiciary , and the impact of that role , in the political operation in a state , we started this research by defining interpretation specilization and it's sources , and study the role of C.J. in the functions of legislative and exicutive authorities , by it's specilization in the interpretting of the constitution. We ended this study by portraying the basic results of it , and our recommendations in this concern , we followed comparative research between the American & Egyptian , and Iraqi constitutional regime , by comparing the legal provisions in their valid constitutions : - American constitutions for the year 1787 . - French constitution for the year 1958. - Egyptian constitution for the year 2014. - Iraqi constitution for the year 2005 . As well as , by comparing the logical and judicial issues in this concern. | ||
| Keywords | ||
| Interpretative jurisdiction; Constitutional Justice | ||
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