The Conflict Between the Meanings of Constitutional Texts and the Constitutional Judiciary’s Position Thereon
Walaa Hussein Khazzar , PhD Student / College of Law and Political Science, AL-Iraqia University, Iraq
Dr. Hussein Jaber Hussein Al-Shweily , Prof, College of Law and Political Science, AL-Iraqia University, Iraq
Abstract
The conflict among the meanings of constitutional texts is considered one of the most significant core problems affecting the constitutions of countries. This is due to changing ideologies and the drafting of constitutional texts at different times. This conflict is explicitly manifested in two forms: actual or apparent, which creates major challenges for constitutional courts when interpreting constitutional texts in order to apply them in a way that preserves the unity of the legal system and protects fundamental rights, thereby achieving justice.
Keywords:
Conflict, Constitutional Texts, Constitutional Judiciary
