تطوير النصوص الدستورية بالوسائل المستحدثة للمحكمة الاتحادية العليا في العراق

Abstract

Constitutional texts are no longer just political texts resulting from the consensus of the forces of society, but rather they have become binding legal texts that impose their provisions on all state authorities, and they are not deaf texts, but rather a reflection of the reality of society’s conditions, which necessitates it to keep in touch and keep pace with its new circumstances and interests Therefore, the policy followed by the Federal Supreme Court and its method in applying and protecting the constitutional texts must be through sophisticated legal means that enable it to follow the factors of change and keep pace with the general developments in the state, without being restricted to the letter of the Constitution’s texts that may result in the constitutional document’s failure to comply with the provisions of the Constitution. The political reality of the group, and then a gap appears between what it contains of texts and reality, and between it and what is required by the requirements of the development of society.