The Legal System for The Convening of Constitutional Court Courts

( A comparative study)

Abstract

The constitutional courts are of special importance in many countries at the present time, and they have occupied a distinguished position in their constitutional systems that have placed them in the ranks of the state's constitutional institutions. And it began to obtain its own legal systems that distinguish it from other judicial bodies by virtue of the nature of the functions it exercises. The system of convening these courts occupied an important part of their legal systems, in which the legislator took it upon himself to define its features and provisions in the way it deems appropriate for the continuity of the work of these courts and to facilitate the process of their convening within the framework of the requirements of their independence. The convening of constitutional courts of justice is considered a permission for its judicial bodies to hear the cases listed on their agenda, as the legislator determines the minimum number of members required for the convening of its judicial body to ensure that the extent possible of the justice components that these courts seek to achieve are fulfilled by adjudicating the cases presented to them. We discussed the nature of the provisions regulating the convening of the constitutional courts of justice in a comparative manner to highlight the principles of the legal system for the convening of the Federal Supreme Court in Iraq and the efficiency of the legislator in organizing it, enlightened by the provisions of the constitutional courts in the United States of America, Egypt and the United Arab Emirates. The research highlighted the differences in organizing the holding of constitutional courts of justice between the legal systems under comparison as a result of the difference in the philosophy of legislators in constructing the components of the political system in which the constitutional judiciary is one of the most important authorities and plays a pivotal role in preserving these components and the coordination of work among them in order to ensure the continuity of the system's work Political and achieve his goals. This research has also focused on finding legal solutions to the rules for convening the Federal Supreme Court in Iraq, which are no longer compatible with the roles they play and the necessities of their convening with ease and ease. We had a serious call addressed to the legislator whose purpose was to benefit from the approaches of comparative legal systems in drafting a legal system for the convening of the Federal Supreme Court that preserves its prestige and independence and ensures its ease of convening.