ISSN: 2265-6294

The interpretations that establish the constitutional judiciary and the role of the constitution in it

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Mohammed Oudah Mohsin,Ali Yusif Abdulnabi AL- Shukri,Saja Mohammed Abas AL- Esmeel

Abstract

It is useful to say that the interpretation of the constitutional texts is a must to keep pace with the renewal, and some may object to the idea of the constitutional role of the judge as he interprets the constitution without strictly adhering to the letter of the texts on the grounds that creating new provisions means making the constitution bear what is not in it, which is in violation of the principle of separation of powers. Such a possibility is mentioned in constitutions that are new to democracy, as the procedures for amending the constitution may be difficult, so the interpretation developed by the judiciary is the solution, because the constitution is not written for a specific generation. The constitution because it includes the general philosophy on which the constitution is based.

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