Intervention of the constitutional judiciary to protect constitutional family security in light of constitutional societal values and morals (a comparative study)

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Hayder Ali Dhayef

Abstract

One of the most important goals of constitutional legislation is to provide protection for the social system, ensure the enjoyment and stability of rights and freedoms, and achieve equal access to them. The authorities are obligated to obey the provisions of the Constitution, adhere to its limits, follow its provisions and rules, and not infringe on the rights of individuals. Therefore, constitutional security is considered a basis for protecting basic rights and freedoms. So that individuals are reassured that their constitutional rights and positions are secure and stable, and that various constitutions grant special protection to the family; Because it is the foundation of society, and its foundation is morals, religion, and patriotism, and for this reason the constitutional legislator guarantees from the constitutional texts what guarantees its security in accordance with the above-mentioned rules, aiming thus to secure its establishment, upbringing, stability, and the safety of relations and bonds between its members, which requires the constitutional judiciary to take into account, with its provisions, the security of the family, considering Its constitutional texts are well-established and relate to the highest values and principles of society and the state, and the legislator must distance himself from anything that undermines the structure of the family, weakens it, or leads to its deviation, otherwise his behavior will be considered a violation of its unity, which is considered a constitutional goal in itself, in addition to being borne by the other constitutional texts allocated To protect freedom, personal privacy and human dignity, constitutional security for the family must be observed

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How to Cite
Ali Dhayef ح. . (2023). Intervention of the constitutional judiciary to protect constitutional family security in light of constitutional societal values and morals (a comparative study). MIsan Journal of Comparative Legal Studies, 1(9), 114–164. Retrieved from https://www.uomisan.edu.iq/law/mjcls/index.php/mjcls/article/view/275
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