Self-Restriction of Constitutional Oversight

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Ali Abdul Hadi Hammed Hatayhat, Bidor Talib Mohawis

Abstract

We try through this research to shed light on the foundations on which the constitutional control depends, by defining the limits set by the constitutional courts to determine the scope of their work, using for this the different methods that they clarify through their rulings or decisions, explaining the scope of their work and the context followed by them in Analyzing constitutional texts, as well as evaluating legislative texts based on Constitutional matters, to examine the compatibility of legislative texts with constitutional contents, and the purpose of the Constitutional Court imposing self-restrictions on its oversight in order to avoid overlapping its authority with other authorities in the state, including the legislative and judicial authorities.


The research clarifies the limits of the function of the judiciary by listing the important principles that are supposed to be adhered to by the Constitutional Court, and the multiplicity and diversity of subjective restrictions, which are based on restrictions inspired by the constitutional texts, after the Constitution is the one that granted the constitutional judiciary the supervisory jurisdiction according to certain foundations and rules.

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