The Role of Institutional Judiciary in Protecting the Individuals Right in the Legal Security under the Constitution of the Republic of Iraq of 2005

Abstract

The individuals' right to the legal security is one of the modern rights in the developed states. Because of the significance of the right in the stability of the relation between the government and individuals, the authorities should be abided by it when practicing its tasks which stated by constitution. A legal rule may issue after several objective and formative procedures and eventually, to be applied to the applicants. But such a rule may violate the constitutional texts. In such a case an aggrieved person can only appeal the decision in the Supreme Court via procedures stated by constitution. We have researched the procedures as to achieve the legal security. The easiness of the procedures may cause issuing clearer decisions that can affect the court decision of a case positively. In addition, we discussed the decision of the constitutional case and found that the decisions of the court varied; aborting the non-constitutional law and refrain from applying it. So we chose the refrain from applying the law and leave the abortion to the legislation authority and to publish the decision in the official newspaper since it is more guarantied for the individuals' right to legal security.