المساعد الشخصي الرقمي

مشاهدة النسخة كاملة : Appeal on the constitutionality of laws

د/سالي جمعة
16-06-2010, 03:41 PM
Appeal on the constitutionality of laws

The Laws was legislation to codify the emerging relationships between members of society, and aims to ensure the preservation of rights and freedoms, Therefore, the development of laws, in terms of topic, format and mechanism of legislation, reflected positively to the development of the means to protect rights, Because the strength of the mandatory law, may impose restrictions amount to looting personal freedoms and ending a human life, And we find that the best way to implement, expand popular participation in the passage of legislation, including the existence of parliaments or councils of deputies, But the law may be issued crossing from the point of view of the parliamentary majority, which does not necessarily mean that they represented the majority of the People. And it may be that the law violates constitutional principles, As everyone knows, the constitutions, when established, will be presented to the people for ratification by referendum, and this has been introduced in all democratic countries, or which had a margin of democracy in the exercise of power. therefore, the need called for the establishment of constitutional courts, which means to consider appeals on the constitutionality of laws And decide whether the law in conformity with the Constitution they may decide not to the constitutionality of the law, or reject the appeal and the law is constitutionally, that decision entails important legal consequences, which makes the consequences of this law null and nonexistent, Therefore, the existence of the Constitutional Court, have great impact on the communities And we have to face the person who considers that the court control laws, is interference in the work of legislative authority granted to the Parliament by the people As some people might see it undermined the authority of Parliament But look at the subject from the technical point, we will see the answer as follows (the constitution issued by the people\'s endorsement, by not less than two-thirds of direct referendum) In other words, the principles, which contained therein had been approved by two-thirds majority of the people While laws have received only two-thirds majority of members of parliament if not simple majority, Therefore, the overwhelming popular, much more than the parliamentary majority in terms of numbers, Therefore, it is very necessary to preserve these principles, which were endorsed by the people or the nation, is not granted the right to intervene parliamentary majority to pass laws that contradict the Constitution or disrupt the principles contained therein And the existence of this court as a nightwatchman eye on the maintenance of those principles and values adopted by the people or the nation

It must also be noted that the appeal be focused on the only laws This does not include appeals judgments, where it other ways to appeal The constitutional courts in most countries accept the appeals of all persons, whether natural, such as citizens, or moral, such as enterprises, ministries, companies. Therefore, we hope that the Constitutional Court be established under the new constitution be consistent with what was mentioned in the above, in order to ensure the rule of law and the continuation of the constitutional provision. But we face a legal problem on some existing laws, which were issued as of the Iraqi state in 1921 and so far In the view of some specialists, it has become incompatible with the new principles, which appeared in the articles of the new Constitution And the courts is to apply when considering lawsuits, which is held under those laws Because the judge, when separated in any case, is committed to applying the law prevailing, is not entitled to accept any request to challenge the constitutionality of this law . And for the purpose of addressing this problem, I would humbly trap is to pass legislation by the House of Representatives to amend the laws of Criminal Procedure, Civil Procedure, as well as any texts or procedural rules concerning courts, including the judge granted authority to delay resolving the case until the appeal resolved on the constitutionality of the law, It will refer the appeal to the Constitutional Court by the Court, which it has been challenging the constitutionality of the law demand, If the Constitutional Court decided to accept the appeal, and decided that the law was unconstitutional, The trial court, which is considering the case, will note that resolution when deciding the case, If the Constitutional Court decided to reject the appeal, the law will be valid and in conformity with the Constitution, Then the court will consider in this case according to law

Moreover, the decisions of the Constitutional Court are to be followed by other courts , then may not appeal to non-constitutionality of this law again And the court is competent to apply, when one of the parties to the case objected to the law for the same reason again , and can not delay resolving the case, or refer the objections to the Constitutional Court again, but depends decision of the Constitutional Court, in order to miss the opportunity of trying to procrastination or delay in resolving issues. So I think that challenge the constitutionality of laws will has a better chance to ensure the fundamental rights and freedoms of citizens and contribute to strengthening the social and legal security of the nation. In conclusion, I invite researchers to pay attention to this subject

Written by / salem rowdan