The role of constitutional courts in protecting rights and freedoms in Iraq, Egypt, and Iran

Abstract

This research examines the role of constitutional judiciary in protecting public rights and freedoms through a comparative analysis of the legal systems in Iraq, Egypt, and Iran. The importance of this research stems from the fact that constitutional review acts as a guardian of the rule of law, in addition to being an institutional guarantee for protecting fundamental individual rights from any transgressions by the legislative and executive branches. The study aims to analyze the legal mechanisms employed by the Federal Supreme Court in Iraq, the Supreme Constitutional Court in Egypt, and the Guardian Council in Iran, as well as the effectiveness of these bodies in protecting public freedoms.

The research employs both comparative and analytical methodologies to highlight the commonalities and differences in the constitutional philosophy of each country. While the Egyptian experience draws on a long judicial tradition focused on legal liberalism, the Iraqi experience presents a modern model aimed at promoting pluralism within an emerging democratic environment. In contrast, the Iranian experience reflects a unique system that combines legal review with Sharia (Islamic jurisprudence) standards in protecting rights.  The study reached several conclusions, the most important of which is that the effectiveness of constitutional justice is not based solely on constitutional texts, but also includes the independence of the judiciary and the mechanisms for filing constitutional lawsuits. The study also showed a difference in the mechanisms of prior and subsequent oversight; the Iranian model is characterized by the centralization of preventive oversight, while both the Egyptian and Iraqi models tend towards the practice of subsequent judicial oversight. In conclusion, the study recommends the need to strengthen the independence of these bodies and expand the possibility for individuals to file direct appeals before the constitutional judiciary, in order to ensure effective and comprehensive protection of public freedoms from legislation that may affect the essence of rights.