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College of Law, Sumer University

كلية القانون جامعة سومر

P-ISSN: 3081-1082
Researchers in the field of law

Jurisdiction between the norm and the exception in the Iraqi constitutional system: A study of the jurisdiction of military courts

Dr. Jaber Hussein

Abstract

The military judiciary is an initiative established by the constitutional legislator to ensure the practical application of the constitution, which is the supreme law of the land. Many countries, including Iraq and other Arab states, have adopted the military court system, which serves as a vital and important guarantee for the implementation of constitutional provisions as intended by the constitutional legislator. The formation of this type of court acts as a tool to protect the rights of members of the military, particularly within a state that has adopted a federal system within its governing administrative framework. Therefore, the judge must strive to reconcile the principle with the ruling stipulated by the law in order to reach a just verdict between the litigants. This has strengthened the presence of judicial bodies such as military courts, which are responsible for trying members of the security forces. The military judiciary enhances public confidence in the judicial system as a whole, especially within a field characterized by rigor and discipline such as the military and security sectors. This confidence can only be maintained by the existence of the appropriate body

الكلمات المفتاحية: المحاكم الاستثنائية، قوى الأمن، القضاء العسكري، التأديب، استقلال القضاء

اقرأ البحث

تحميل الولاية القضائية بين الأصل والاستثناء في النظام الدستوري العراقي: دراسة في اختصاص المحاكم العسكرية (Arabic)

معلومات النشر

كيفية الاقتباس

Dr. Jaber Hussein. "Jurisdiction between the norm and the exception in the Iraqi constitutional system: A study of the jurisdiction of military courts". College of Law, Sumer University, %2026.