The Role of the Constitutional Court in Protecting the Principle of Balance among State Powers

The Constitutional Court as a Mechanism for Maintaining the Dynamic Balance among State Powers

Authors

  • Jaber Awad Farhan

    dr.jaber.law@gmail.com

    National University of Science and Technology, Department of Diverse, Iraq

DOI:

https://doi.org/10.37940/JRLS.2026.7.1.7

Abstract

This study examines the constitutional court as a mechanism for maintaining a dynamic balance among state powers. It analyzes how constitutional review of legislation and executive regulations, adjudication of jurisdictional disputes, and authoritative constitutional interpretation operate to prevent institutional overreach and preserve constitutional supremacy. The study has concluded that the court’s effectiveness depends on a careful balance between necessary judicial intervention and principled judicial restraint, alongside consistent reasoning, transparency, and enforceable implementation of judgments to secure tangible institutional impact.

Keywords:

Constitutional Court, Constitutional judiciary, Dynamic Balance, Separation of Powers, Constitutional Supremacy, Constitutional Review, Jurisdictional Disputes, Constitutional Interpretation, Judicial Independence

Downloads

Published

2026-06-26

How to Cite

[1]
عواد ج., “The Role of the Constitutional Court in Protecting the Principle of Balance among State Powers: The Constitutional Court as a Mechanism for Maintaining the Dynamic Balance among State Powers”, Researcher Journal for Legal Sciences, vol. 7, no. 1, pp. 117–136, Jun. 2026.

Issue

Section

Articles