The paths of the constitutional judiciary in exercising response control

Authors

  • دعاء كاظم طارش جامعة سومر Author

Abstract

        The importance of this study lies in highlighting the control over the constitutionality of laws in a way of addressing and showing its role in ensuring the principle of legality. As the response constitutes an exception to the general rule that governs the work of the judiciary, which is represented by limiting its role to deciding on the lawsuit presented before it and within the limits of the litigants’ requests. The courts can deal with illegality by exercising control over the constitutionality of laws and during their consideration of any dispute brought before them as a trial court. Its work is based on a set of philosophical and legal foundations that govern the work of the judiciary in order to reach the desired goal of oversight, which is to preserve the principles of the constitution and achieve the principle of legality.

Published

2024-05-23