اهمية مبدأ العدول القضائي في تقويم احكام المحكمة الاتحادية العليا في العراق | ||
| AL-Qadisiya Journal For Law and Political Sciences | ||
| Volume 13, Issue 1, March 2022, Pages 188-229 PDF (1.37 M) | ||
| Author | ||
| أ.م.د غانم عبد دهش الشباني | ||
| AL-Qadisiya Journal | ||
| Abstract | ||
| The rulings and decisions of the Federal Supreme Court may not be correct and correct in all cases، because the constitutional judge may be right and may err، and since the Constitution has decided that the rulings of the Federal Court should be final and binding on all parties، and it is not acceptable to appeal in any way of appeal، it has become necessary That the court devise a self-correcting method to correct the defective judgments and principles that it established in its previous judgments، by resorting to the implementation of the principle of judicial reversal، which is that the court issues a new judgment or judicial decision that includes an explicit and clear contradiction to a legal principle that was decided by the same court in a previous judgment. It relates to the subject matter of the case itself and to the same circumstances and merits surrounding it، without amending the constitutional and legal rules that were the basis for the issuance of the judgment.The problems raised by following the principle of judicial reversal are great and numerous، including those related to constitutional texts، where the problem of the inadequacy and ambiguity of these texts is raised at the federal level، with regard to the non-regulation of the court’s jurisdiction with judicial reversal، neither constitutionally nor legislatively، which is a deficiency that must be completed، and some of them relate to In the applied reality، where the problem of the difficulty of applying this principle arises because it collides with the principle of constitutional security، and there is no effective guarantee in the constitution or the Federal Court law to achieve a balance between the two contradictory principles. In this regard، the difficulty of balancing the principle of stability and stability of judicial rulings and the possibility of reversing them is also raised. The study yielded several results، hoping that it would contribute to finding legal and constitutional solutions to these problems in a way that ensures the effectiveness of the Federal Supreme Court and achieves judicial proficiency in its rulings. | ||
| Keywords | ||
| receivership - judicial receivership - contract receivership - guard - civil liability Judicial reversal - Judicial precedent - Constitutional judiciary; Judicial direction; Judicial interpretations | ||
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