The Urgent Constitutional Judiciary and Its Applications in Iraq (A Comparative Study)

Abstract

The issue of the urgent constitutional judiciary is one of the renewable topics in the majority of countries that embrace judicial control over the constitutionality of laws. States in this regard, as the first trend of constitutions and laws of constitutional courts goes to adopting a position of silence regarding granting the Constitutional Court the authority of urgent constitutional judiciary, and only referring to the general rules of the idea of ​​urgency stipulated in the laws of pleadings and civil procedures, and this was demonstrated through the lack of organization of the court’s authority. Constitutionalism is to stop the implementation of the law or system (the regulation) whose unconstitutionality is challenged, as is the case in Iraq and Egypt, also we find that the second trend of countries has tended to organize and address the authority of the Court or the Constitutional Council in the exercise of the urgent constitutional judicial powers, as in the United States of America, as the courts retained the power to issue temporary or preliminary judicial prohibitions, and the same provision applies to France, Germany and Belgium and Spain.