The constitutional judiciary is one of the most important institutions that aim to establish the rule of law in every country, and to confirm the supremacy of the constitution over other written legal rules, as well as to establish the features of the principle of separation of powers in a way that prevents an authority from attacking another authority. However, the practical application has led to the constitutional judiciary has created powers that are not stipulated in the constitution or its laws, and perhaps among the most important of these powers is the constitutional courts’ granting themselves the power to stop the implementation of the unconstitutionality challenged law before them until a final and decisive decision is issued on the merits of the case.
Thus, the importance of this study stems from many theoretical and practical aspects. From the theoretical aspects, we find the scarcity of specialized jurisprudence and judicial studies that deal with the authority of the constitutional court to stop the implementation of the law. This system is also one of the most important basic guarantees for protecting the rights of individuals, in addition to the existence of many issues that understanding and dealing with it requires a review of the constitutional and philosophical foundations on which the court relies when it performs this task.
Key words: Constitution - Endowment - Federal Court - Iraq - Law.
|
