Faculty of Law – University of Kerbala has discussed the Ph.D. dissertation which is entitled: (The authority of the constitutional judiciary to protect the periods mentioned in the constitution – a comparative study). It is presented by Haider Ali Dhaif.
The dissertation aims at showing that the period mentioned in constitutional text is the boundary between adherence to the constitution and constitutional breach, or between constitutional legality or not. The constitutional judiciary, with its authority to protect constitutional provisions and principles, has the authority in the constitutional judiciary and the power to interpret the provisions of the constitution.
The study concludes that the constitutional judiciary does not achieve this protection for the terms mentioned in the constitution easily. To do so, it may resort to different explanatory means and take multiple approaches intended to memorize the will of the constitutional legislator from the terms and the possibility of applying them to different facts. In all of this, the explanatory means and methods that He finds it consistent with the intent and purpose of the constitutional legislator.
