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...

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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
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author Tofiq Bajalan
Dowlat Al-brefkany
author_facet Tofiq Bajalan
Dowlat Al-brefkany
author_sort Tofiq Bajalan
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description 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.
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publisher University of Mosul College of Law
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series الرافدین للحقوق
spelling doaj-art-17b4aaece65e4933b27e70f37d16d0ef2025-08-20T03:55:24ZaraUniversity of Mosul College of Lawالرافدین للحقوق1819-17462664-27782025-06-01279149353410.33899/arlj.2022.134602.1209187908Constitutional judiciary and Democracy (Formation and restrictions of work)Tofiq Bajalan0Dowlat Al-brefkany1Al hamdaniya UniversityMosul universityThe 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.https://alaw.uomosul.edu.iq/article_187908_ef63bdb912c8b1c5b91da0b49167434d.pdfconstitutional judiciarydemocracyformation of the constitutional judiciaryparliamentrestrictions the work of the constitutional judiciary
spellingShingle Tofiq Bajalan
Dowlat Al-brefkany
Constitutional judiciary and Democracy (Formation and restrictions of work)
الرافدین للحقوق
constitutional judiciary
democracy
formation of the constitutional judiciary
parliament
restrictions the work of the constitutional judiciary
title Constitutional judiciary and Democracy (Formation and restrictions of work)
title_full Constitutional judiciary and Democracy (Formation and restrictions of work)
title_fullStr Constitutional judiciary and Democracy (Formation and restrictions of work)
title_full_unstemmed Constitutional judiciary and Democracy (Formation and restrictions of work)
title_short Constitutional judiciary and Democracy (Formation and restrictions of work)
title_sort constitutional judiciary and democracy formation and restrictions of work
topic constitutional judiciary
democracy
formation of the constitutional judiciary
parliament
restrictions the work of the constitutional judiciary
url https://alaw.uomosul.edu.iq/article_187908_ef63bdb912c8b1c5b91da0b49167434d.pdf
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