Legal means of initiating constitutional proceedings before the Constitutional Court: An analytical and comparative study

Volume 20 , Issue 3 , September 2019 , Pages 1-28

Authors

شۆڕش حسن عمر 1 ; ڕووبار مجيد أحمد 2

1 كلية الحقوق والعلوم السياسية بجامعة السليمانية في إقليم كردستان، جمهورية العراق الاتحادية

2 قسم القانون، كلية الحقوق، جامعة السليمانية، إقليم كردستان، العراق

DOI logo 10.17656/jzsb.10904

Keywords

Abstract

That the subject of legal means to move the constitutional case before the Constitutional Court is
of great importance, because through it enter the theoretical texts in the field of practical and dynamic
application, and these methods differ from one state to another according to the constitutional system
or style that is consistent with the constitutional judiciary, For this purpose, we have made a
comparison between the constitutional judiciary in Egypt, Kuwait and Iraq, and we found that in
Egypt the constitutional action is moved according to three methods, including automatic referral by
the court of the subject and referral based on payment from one of the litigants in the substantive case
before the court of the subject But ESP The constitutional order in Egypt is the means of direct
constitutional action before the Supreme Constitutional Court. In Kuwait, the Constitutional Court is
contacted by way of automatic referral from the Court of Appeal and the assignment on the basis of
a payment made by one of the litigants in the substantive and direct constitutional proceedings before
the Constitutional Court And in Iraq, the constitutional action is moved by means of automatic referral
by the Court of Appeal and payment associated with referral to the Federal Supreme Court and the
original or direct constitutional action by the official authorities and persons.

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  • Published at5 September 2019

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