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أثر عدم منطقية الحجج التي اوردتها المحكمة على السابقة الدستورية في العدول عنها

Year: 2025
Type: article
Abstract: The rulings of the constitutional judiciary are considered as judicial precedents that must be followed in all the remaining courts, because the rulings of these courts are binding on all state bodies. However, the constitutional judiciary can amend its judicial precedents and build a new opinion contrary to what it had previously ruled, and this is called reversal in the constitutional judiciary. One of the reasons for reversing it is that the court considers that the arguments it has previously presented in the case from which it has retracted are illogical. This research is about reversing the previous one because of the illogicality of the arguments.
Institution: Iraqi University
Language: Arabic
Subfield: Law
Open Access status: bronze
OpenAlex ID: W4413317610
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Related to: 10