A New Basis for Judicial Review in Iraq

What is it about?

As a new step in Iraq, the founders of the 2005 constitution adopted the idea of judicial review. The repugnancy clause has divided the scope of judicial review into three frameworks, which are the Islamic settled rulings, democracy, and human rights. This is a unique structure, which no constitution in the Islamic world has ever adopted. Thus, the fundamental question in this dissertation was how these three components could be work together? It was necessary to examine the role of Islam in the Iraqi legal system to understand the true role of Islam in order to draw a new way to apply the repugnancy clause.

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