The Legal Nature of Constitutional Terms between Text & Application (A Comparative Study)

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Ali Sahib Jassim Al-Sharifi


 Constitutions are the highest legal source within the hierarchy of legal norms. As such, the texts and contents they encompass hold paramount importance and carry mandatory applicability when compared to other legal sources. Consequently, legislators often make references to specific constitutional provisions for certain periods to achieve particular objectives during their implementation, which varies depending on the intended goal aimed at serving the public interest.Accordingly, it becomes imperative to afford protection to the provisions and principles contained in these constitutional texts (constitutional provisions) as they act as the decisive threshold between compliance and breach, thereby invoking accountability based on the principle of legitimacy, which constitutes the fundamental principle in enforcing constitutional norms. All of the above necessitates an examination of the nature of deadlines or time limits provided in the constitution, defining their contents and purposes, in order to comprehend the resulting liabilities arising from their violation, whether they are considered absolute or regulatory deadlines, in accordance with the legal doctrines that have addressed their nature and the judicial decisions that have solidified this understanding

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علي صاحب جاسم الشريفي. (2023). The Legal Nature of Constitutional Terms between Text & Application (A Comparative Study). MIsan Journal of Comparative Legal Studies, 1(9), 277–304.