الفكرة الحديثة للديمقراطية في قرارات المحكمة الاتحادية العليا في العراق

Abstract

Approaching completion and touching perfection usually takes an upward path linked to experience that grows and increases over time, and this applies to the tasks of the relatively newly established Federal Supreme Court. Based on this, Alina follows the path of the court from its first formation until now, to determine its vision towards the concept. The renewal of democracy, considering the short lifespan of the constitutional judiciary in Iraq, represented by the Federal Supreme Court, as an original variable, and in return, the modernity of the democratic experience as a dependent variable. Therefore, the more the Federal Court’s return intensifies and the maturity of its integrated constitutional thought, the more the modern foundations of democracy become established, and the resulting positive results on At all levels, otherwise there will be negative repercussions and a decline in democracy and perhaps its extinction. The problem of research lies in the extent to which the Federal Supreme Court takes the level to which democratic countries adhere in their legal rules as a criterion and control for its oversight of legislative rules and in the interpretation of constitutional texts, and whether it possesses the capabilities to deal with the democratic situation without resorting to academic expertise, to the extent that it should be re- Considering the constitutional text that requires the inclusion of legal scholars in its formation. The research concluded that the maturity of the idea of the principles of modern democracy in the decisions of the Federal Supreme Court, whether related to constitutional appeals or interpretive decisions, passed through two eras: The first era of the formation of the court was represented by neglecting the concept of democracy and dealing abstractly with constitutional texts, until it reached advanced stages comparable to what the ancient comparative constitutional judiciary had settled upon, as the presence of the modern idea of democracy in the decisions of the Federal Supreme Court took an upward path and reached its peak. In the second era of the court formation. Thus, the Federal Supreme Court has become stronger and its experience has accumulated, and its ability and ability to deal with the democratic situation in its modern sense have become clear