Constitutional tort suit

Abstract

The basic rights stipulated in the Constitution will have no meaning unless and until effective measures are taken to enforce them, otherwise they will remain imprisoned in documents. States have made strides in this area by establishing many constitutional principles, provisions and means that guarantee respect for human rights, but some of them are still lagging behind. In one of these aspects, which is providing adequate relief in the event of a violation of human rights by the state authorities themselves, the rights of individuals are often exposed to direct violation by one of the authorities or government employees, either by laws that violate the constitution, the application of which causes a violation of one of these rights, or by unconstitutional measures by The executive authorities, the treatment in these cases is still deficient in the protection required for human rights in many systems, while we find in other systems that preceded them by providing lawsuits for violations of constitutional rights by the ruling authorities, and other systems, including Iraq, have developed partial treatments. It does not reach the required level, especially with regard to the right of individuals to compensation for damages sustained by illegal acts issued by official authorities. This stems from the status of the right to compensation among constitutional rights, as this right is derived from the rights that have been violated. In fact, it is inherent in it. Compensation is an acknowledgment of the violated right and an attempt to compensate for the damage. From here the idea of the research begins, in the necessity of raising the level of the right to compensation to the level of established constitutional rights, recognizing the state’s responsibility for all wrongful acts issued by its authorities, and organizing a means In the form of a lawsuit, which allows individuals to complain about the harm to their rights as a result of these actions, and enables them to obtain satisfactory compensation, which is a material treatment for the effects of the harm that befell their rights. We were guided in this regard by what has been codified and implemented in each of the United States of America. And France, each of which has organized lawsuits to compensate for constitutional damages. Although they still need development, they are worth emulating as an advanced step on the path to providing optimal protection for constitutional rights and freedoms.