أثر قرارات المحكمة الاتحادية العليا العراقية في ضمان الأمن القانوني (دراسة مقارنة)

Rp-The Impact of the Decisions of the Iraqi Federal Supreme Court in Ensuring Legal Security )A Comparative Study( .pdf

Abstract:
Legal security is one of the main goals that legal systems aim to achieve. The state has become required to give individuals sufficient means to achieve their stability. All democratic legal systems are based on several things, including the authorities’ pursuit of respect for legal rules and their relative stability. The other thing is that laws keep pace with developments. Thus, legal security is one of the features of the state of law and one of the guarantees of its continuity. The constitutional judiciary plays an active role in protecting legal security through its multiple powers. It is the safe haven for individuals and the protector of the constitution through its protection of the constitution from violating laws, as well as clarifying what has been obscured from the legislative texts to ensure their proper application to protect the rights, freedoms and legal positions protected by those texts. The constitutional judiciary also deals with the negligence of the legislator to organize the issues he is obliged to regulate constitutionally, as well as addressing the ambiguity and deficiency in the texts, as the ambiguous or incomplete legislative texts undoubtedly affect legal security, and here the constitutional judiciary intervenes in dealing with these issues. However, addressing what has been mentioned cannot be achieved unless the practice of the constitutional judiciary represented by the Iraqi Federal Supreme Court functions without obstacles, whether these obstacles are related to the formation of the Federal Court itself or related to the date of entry into force of its decisions, whether their impact is immediate or revealing constitutional defects. Since the lack of organization of these issues affects the work of the Federal Court on the one hand and affects the rights guaranteed by these laws ruled unconstitutional on the other hand. Also, the work of the Iraqi Federal Supreme Court faces other obstacles represented in the evasion of the implementation of its decisions or the delay in implementation, all of which undoubtedly affects the stability of legal security. The decisions of the Federal Supreme Court do not achieve the basic purpose of them, which is to ensure legal security, unless sufficient guarantees for the implementation of these decisions are available in order to fulfill the purpose envisaged by them to the fullest.