وسائل التوفيق بين الامن القضائي والعدول القضائي الدستوري | ||
AL-Qadisiya Journal For Law and Political Sciences | ||
Volume 12, Issue 2, August 2021, Pages 73-89 PDF (987.74 K) | ||
Authors | ||
أ.م.د عماد كاظم دحام; م.د. مروان حسن عطية | ||
AL-Qadisiya Journal | ||
Abstract | ||
The courts may be forced to issue a decision that contradicts the direction they were following in their decisions on a particular subject, which is considered a modification of their approach, and this is considered a violation of the principle of judicial security and the issue reaches its utmost importance if the judiciary is a constitutional judiciary where the direction it plans is binding on all authorities in the state and what is in it The judiciary and through the research we will identify means by which it is possible to reconcile the obligatory statements issued by the Federal Court and the superiority of its decisions and the possibility of violating previous decisions issued by it. | ||
Keywords | ||
Judicial security; judicial reversal; retroactive effect; the strength of the res judicata | ||
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