Judicial review of electoral laws and its impact on achieving fair representation of societal components.

Ibrahim, Hussein Wahab Hamad

doi:10.63677/jqlap.2026.170954.1586

Judicial review of electoral laws and its impact on achieving fair representation of societal components.

https://doi.org/10.63677/jqlap.2026.170954.1586

Volume 17, Issue: 1 part 2
Spring 2026

Pages 463-480

AL-Qadisiya Journal For Law and Political Sciences

Document Type : Research Paper

Author

Hussein Wahab Hamad Ibrahim

Kirkuk University – College of Law and Political Scie

Abstract

This study examines the constitutional judicial review of electoral laws and its impact on achieving fair representation of societal components, through an analytical approach that addresses both the conceptual and practical dimensions of such review. The research aims to clarify the nature of constitutional judiciary and the types of review it exercises, as well as to analyze electoral laws as a tool for regulating political participation, in addition to identifying the standards of fair representation in democratic systems. It also highlights the role of constitutional courts in annulling provisions that violate constitutional principles, particularly the principle of equality, and their oversight of electoral districting and electoral systems. Furthermore, the study explores the limits of constitutional review, the challenges it faces, and its effectiveness in ensuring fair representation, with reference to the Iraqi context. The study concludes that constitutional review is an essential mechanism for controlling electoral legislation; however, achieving fair representation requires the integration of such review with a conscious legislative will and a stable legal framework that enhances the integrity of the electoral process.

Keywords

Constitutional Judiciary

Electoral Laws

Fair Representation

Constitutional Review

Equality