philosophy of the needy. The in the Iraqi constitutional judiciary

Abstract

This research aims to clarify the philosophy behind the principle of "reversing constitutional judiciary decisions," given the extreme importance and influence of these decisions on all aspects of the state. It also highlights the concept of reversal, which is linked to the changes, influences, events, and modernization that have the necessary impact, leading to the judiciary's conviction to reverse its decisions, considering them ineffective or incapable of being evaluated and utilized in a reality that has changed or an event has occurred. From this and that came the idea of ​​reversing a decision issued by the highest court in the country. There are some details that the research will be tasked with clarifying and summarizing when delving into the topic.

The research problem lies in the following question regarding the issue of reversing previous rulings: Does the Iraqi Federal Supreme Court possess the authority to reverse its earlier judgments? If so, what is the constitutional and legal basis for such reversal, and what are its limits and consequences? Why does the law not explicitly stipulate this, given that it is within the purview of constitutional courts to revise their decisions in light of rapidly changing political and economic circumstances? We believe that the best approach in our study of this topic is to employ a descriptive methodology, through which we will describe our subject, along with analytical and comparative methods. We will analyze the issue, drawing upon some comparative judicial experiences in Egypt, Germany, and the United States.