Determining the time frame for the enforcement of the rulings of the Federal Supreme Court in Iraq - A comparative study

Dahsh, Ghanem Abdul; Aweiz, Amani Malek

doi:10.63677/jqlap.2025.187836

Determining the time frame for the enforcement of the rulings of the Federal Supreme Court in Iraq - A comparative study

https://doi.org/10.63677/jqlap.2025.187836

Volume 16, Issue: 1 part 2 / 2 - Serial Number 2
Spring 2025

Pages 257-288

AL-Qadisiya Journal For Law and Political Sciences

Document Type : Research Paper

Authors

Ghanem Abdul Dahsh ¹

Amani Malek Aweiz ²

¹ College of Law - Al-Qadisiyah University

² Al-Qadisiyah University / College of Law

Abstract

The texts regulating the enforcement of constitutional court rulings were not uniform, as some of them were ambiguous and vague, and others neglected to regulate this issue despite its importance. The countries of the world did not settle on a general rule governing the enforcement of rulings issued as unconstitutional in terms of time and reason. These countries did not settle on a single rule in this area, which is the balance between legal security and constitutional legitimacy. Individuals do not care about the legal basis on which a ruling of unconstitutionality is based as much as they care about the effects of this ruling on their reality. To ensure this, the constitutional judge must ensure the confidence of the community in the law and maintain stable legal positions, and at the same time ensure that the laws conform to the rules of the higher law, otherwise they become illegitimate.

Keywords

Time frame

Federal Supreme Court rulings

Iraq