Duality of Judicial Capacity (Election Judiciary - Constitutional Judiciary) in Monitoring the Constitutional Integrity of Parliamentary Elections (Comparative Study)

Dhayef, Hayder Ali

doi:10.63677/jqlap.2025.186695

Duality of Judicial Capacity (Election Judiciary - Constitutional Judiciary) in Monitoring the Constitutional Integrity of Parliamentary Elections (Comparative Study)

https://doi.org/10.63677/jqlap.2025.186695

Volume 16, Issue: 1 part 1
Winter 2025

Pages 75-102

AL-Qadisiya Journal For Law and Political Sciences

Document Type : Research Paper

Author

Hayder Ali Dhayef

College of Law / Dhi Qar University

Abstract

Political rights and freedoms can be obtained through parliamentary elections. These rights and freedoms represent the gateway to obtaining other rights and freedoms, and are the means to obtain a democratic system of government and true parliamentary representation. The electoral process ensures the achievement of many constitutional principles that are closely linked to parliamentary elections, such as the peaceful transfer of power and the sovereignty of the people. Therefore, the constitutional legislator is keen to surround the electoral process with guarantees that ensure its integrity from a constitutional and legal perspective. The most important of these guarantees is judicial oversight and supervision of the electoral process as a constitutional requirement that ensures the integrity of parliamentary elections. This task is entrusted to the judicial authorities due to the guarantees of integrity and life available in the judiciary. The judiciary is also the authority originally competent to adjudicate legal disputes, and various judicial authorities participate in monitoring the integrity of parliamentary elections according to the constitutional and legal legislation of the country, such as the regular, administrative and constitutional judiciary.

Keywords

constitutional integrity of parliamentary elections

excluding parliamentary elections

validity of parliamentary membership