The principle of reversal in light of the rulings of the Constitutional and Administrative Courts

Abstract

This study examines the relationship between the requirements of judicial stability and the need to develop judicial jurisprudence in light of evolving realities. It proceeds from the understanding that the judiciary is not merely an authority that reiterates established precedents, but rather an interpretive authority that engages with legal texts in a manner that ensures the fulfillment of the legislature’s objectives and keeps pace with changing circumstances. This principle is of particular importance in the fields of constitutional and administrative adjudication.

        A constitutional provision embodies the philosophy of the State and the values of the society to which it is addressed, while statutory law translates those principles into the realities of everyday practice and directly affects individual rights and freedoms. In both fields, the judge is confronted with the task of reconciling respect for the binding authority of judicial precedent with the necessity of adhering to the purposes and objectives of the Constitution and the law.

         The core research question is about the limits to which the  constitutional and administrative judiciaries can utilize the power of judicial reversal, as well as the safeguards required to keep this authority from becoming a source of instability and weakening legal certainty. To answer these questions, the study examines selected decisions from both the Federal Supreme Court of Iraq and the Iraqi Administrative Judiciary in order to identify the philosophical and legal foundations on which the Principle of Judicial Reversal is based.

        The study concludes that the Principle of Judicial reversal does not constitute a retreat from what is right; rather, it represents a return to it, as it serves as a means by which the judiciary preserves the vitality and responsiveness of legal rules. In this way, the law remains a living instrument that reflects the conscience and realities of its time, rather than becoming captive to the judgments and interpretations of the past.