Constitutional judiciary and Democracy (Formation and restrictions of work)

The system of governance that depends on democracy has several pillars, including the existence of a constitution that affirms the supremacy of law and the principle of separation of powers. This principle contributes to the establishment of a state of institutions, in which the constitutional judic...

Full description

Saved in:
Bibliographic Details
Main Authors: Tofiq Bajalan, Dowlat Al-brefkany
Format: Article
Language:Arabic
Published: University of Mosul College of Law 2025-06-01
Series:الرافدین للحقوق
Subjects:
Online Access:https://alaw.uomosul.edu.iq/article_187908_ef63bdb912c8b1c5b91da0b49167434d.pdf
Tags: Add Tag
No Tags, Be the first to tag this record!
Description
Summary:The system of governance that depends on democracy has several pillars, including the existence of a constitution that affirms the supremacy of law and the principle of separation of powers. This principle contributes to the establishment of a state of institutions, in which the constitutional judiciary serves as a cornerstone. This central role is attributed to the constitutional judiciary due to the supervisory functions it performs, which significantly influence the state and are entrusted to it under the constitution. However, several factors affect the scope of judicial independence and the effectiveness of constitutional oversight. Among the most important are the mechanisms of its formation, how its members are selected, the extent to which public authorities accept its role, as well as the rules it follows and the procedures for issuing rulings.
ISSN:1819-1746
2664-2778