Judiciary Interference in the Formation of the Legislative Authority (A Comparative Study)

Abstract

Abstract
It is evident to those who trace the Iraqi constitutional law after 2003, and
especially after the enactment of the 2005 constitution, that the issue of separation of
powers in Iraq has emerged more precisely from the previous stage, as it was
considered one of the important constitutional issues. However, within the framework
of this topic, there is another, more important issue which is the issue of preserving the
constitutional boundaries between the powers, and the non-interference between them
that may lead to the violation of the principle of separation of powers, and in particular
the supposed judiciary interference in he formation of the legislative power in the Iraqi
constitution. In other words, studying the problem of what are the limits of the judiciary
interference on the legislative power? In order to preserve and protect the independence
of each of them, and then not to interfere in the work of the other, the question that
arises in our topic is: does the judicial power exercise its competencies without limits,
controls, or specific restrictions; therefore, it interveres in the formation of the
legislative power? Or is it necessary to have certain limits and controls that ensure the
exercise of competencies within its proper legal framework in order to avoid political
conflicts with the legislative power, and to avoid a battle out of it, considering that
adhering to these controls is the best guarantor to establish the principle of legitimacy
and to secure it from strikes that may be exposed as a result of the extravagance of the
authorities in its competencies, and collision with other authorities. This problem will
be studied and answered through this research.