التدخل التفسيري للمَحكمة الاتحادية العُليا العراقية ودوره في سد الفراغ الدستوري (دراسة مقارنة)

Abstract

In spite of the care, care, and accuracy in making the constitutions in general, some countries - with recent experience in writing democratic constitutions - note that the texts of their constitutions are punctuated by a clear deficiency or new legal facts may arise that the constitution cannot cope with, which naturally creates a vacuum In the constitutional document, the constitutional text itself fails to provide a solution to a specific legal issue that exists or is emerging later, in addition to the ambiguity approaching the void in the text, in terms of the result and the performance of the interpretation to confusion or ambiguity.

As a result, in all cases that give rise to the constitutional void, it is not possible to infer the real will of the framers of the constitution, and to fill this void, the bodies that have the authority to amend the constitution must follow the procedures stipulated in the constitution to amend it, to overcome the deficiency and raise the ambiguity that marred the constitutional document, except That the amendment is not always within reach as a result of the procedures that may be very complicated in amending the constitution, especially the federal constitution, and as a result, years and decades may pass and the amendment does not happen, and here the constitution’s need for judicial interpretation appears, to overcome the deficiency and clarify ambiguity in the constitutional texts of Fill the vacuum in the constitutional document.

And the Federal Supreme Court exercised its interpretative jurisdiction of the constitution in order to clarify what was obscene in terms of rudeness, complete what was short of its texts, and graduate what was lacking in its provisions and reconcile its contradictory parts with a view to filling the constitutional void, by removing the confusion from the rhetoric the text to be interpreted or setting new principles that did not Included in the constitution.