THE DOCTRINE OF SELF-RESTRAINT IN CONSTITUTIONAL JUDICIAL REVIEW

Abstract

This study examines the constitutional judicial approach in Iraq to limiting legislative deviation by analyzing the powers of the Federal Supreme Court and mechanisms of constitutional oversight. It explores forms of judicial review, including abstention and annulment, and the role of constitutional courts in restraining legislative authorities from misusing their powers beyond constitutional objectives. The research also evaluates jurisprudential opinions on judicial control over constitutional amendments and presents practical cases of rulings related to legislative deviation. The study concludes that enhancing judicial oversight and expanding the Federal Court’s jurisdiction would reinforce the rule of law and prevent unconstitutional legislation.