The limits of the constitutional judge's authority to supervise what the legislator has omitted to regulate

Abstract

The constitutional judiciary is one of the most important cornerstones of the legal state and its most important one, and it is the bulwark in which rights and freedoms seek refuge. Legislative omission from our point of view may destroy constitutional rights and freedoms, as it represents the deficiency that affects the law legislated on purpose or negligence from the legislative authority.

    The importance of the research is represented in an attempt to clarify the constitutional foundations on which the constitutional judiciary approach is based in addressing legislative omission in order to know the limits of constitutional oversight.

 The Iraqi constitutional system adopts observation over legislative omission, despite the absence of an explicit legislative text that gave such observation.