Judicial control over the constitutionality of basic laws

Abstract

Under constitutional constitutions, the constitutional rule is characterized by its formal and objective character, which means that any law issued must not be contrary to the constitution. There is no difference in the constitution being written or customary. The constitution also states that the legal system of the state must be subject to constitutional rules. The theoretical basis of the constitutional rule is insufficient to guarantee this priority unless protection of these constitutional rules is protected by means of protection.It is obvious that this protection is against the person who sets the legal rules, the legislator, the protection of the constitutional rules against the person who sets the legal rules, the legislator, that is, the protection should be against the potential attacks of the legislator on the constitution, and to confirm the principle of Highness, Which is to control the constitutionality of laws to preserve the Constitution as a reflection of the will of the people, and since the legislator enacts both basic and ordinary laws, so the control of the constitutionality of basic laws is of great importance for two reasons.The basic reason is the relationship between these basic laws and the rights and freedoms of individuals directly through the organization of these rights and freedoms, The study dealt with judicial control in both Egypt and Iraq, in an attempt to induce the Iraqi legislator to lay the foundations for judicial review of the constitutionality of the Basic Laws and to distinguish them by special procedures, as did the Egyptian legislator.