the foundations of the constitutional judicial transformation

Abstract

Abstract

Constitutional judicial transformation  is considered a technical, preventive and reformative method of the constitution instead of resorting to constitutional amendment and its philosophy is to protect the constitution and achieve the concept of the legal state; that is to make the constitution keep pace with the permanent development in life, the reality is in a continuous development and the texts of the law may remain powerless in front of this development and thus the overruling is considered The means by which the judge resorts to abstaining from the principles included in the previous provisions and which have become incompatible with the new reality, just as the comparative constitutional judiciary and the Iraqi constitutional judiciary in particular, is currently heading towards expansion from the shift in its rulings, the fact that the most M constitutional irrevocable make the process of transformation of the judicial constitutional significance prominent, especially since the constitutional judiciary may spend the constitutionality of the question incorrectly, which requires the statement of the legal basis for this transformation. The aim of the research lies in his attempt to lay down clear-cut foundations for this legal work within the framework of the constitutional judiciary.

 The judge shall resort to change his judgments of his will, and this is the basis and the that may occur due to the change of the text of the law. However, the constitutional judicial shift will achieve the desired results if it is voluntary due to a change in conditions.

It is the contemporary interpretation of the constitution that justifies the recognition of the constitutional judge of the right to change his judgments. Constitutional judicial shift is not an end in itself, but rather a means for the judge to perform the task assigned to him by providing an interpretation capable of finding a solution to the issue before him.

Changing in rules should not involve wasting the origin of the constitution and extracting as a natural result of the evolution of the judge's vision of a specific subject and consequently has positive effects that support rights and freedoms and the judge does not use it excessively so that it threatens the stability of legal centers.

 The Iraqi Federal Supreme Court has changed its rulings by interpreting the provisions of the constitution and is expected to expand its transformation into the nature and content of the current 2005 constitution, but the Change must be a justification for asserting constitutional legitimacy and ensuring greater rights. We suggest that, in the event of submitting cases ,  it is necessary to consider the internationally established principles in the constitutional courts, the most important of which is the Supreme Court of America, as it has acquired long experience in this field.