The Role of the Public Prosecution in Supervising the Constitutionality of Laws and Regulations in Iraq

Abstract

The Public Prosecution is based on the idea of public right, which led to the development of the Public Prosecution. The Public Prosecution, which is a key component of the judicial system, is a force that should not be underestimated. Constitutions are created to safeguard these ideals and values, as they represent a social and political covenant. Since the Public Prosecution's organization of the lives of people and groups within legal frameworks is consistent with the constitution, it is seen as a protector of public rights and liberties. Because it is a supervisory organization with the goal of promoting fairness and equality, it is a system for achieving justice in the nation and a real assurance that the constitution is supreme and that rights and liberties are not violated. Its function is reflected in its defense of the state system and its security in order to uphold the paramount interests of the populace. The function of the Public Prosecution in monitoring the constitutionality of laws and regulations, as well as its connection to the Federal Supreme Court, were the subject of this research. By examining constitutional documents pertaining to the functions of the Public Prosecution and its function in upholding the constitutionality of legislation and regulations, the researcher used the content analysis technique. The theoretical framework of the investigation was presented in the second section, with an emphasis on the key concepts of the study, such as the Public Prosecution, the public prosecutor, the constitution, supervision, and constitutional review of laws and regulations. The characteristics of the public prosecution, the significance of constitutional review of laws, the various forms of constitutional review of laws and regulations, and the function of the written constitution in the advent of constitutional review of laws were all discussed. The study's key findings were covered in the third part. These findings highlight a clear disconnect between the Public Prosecution's theoretical function and its actual practice, as well as legislative and procedural flaws that restrict its capacity to carry out its constitutional duty of overseeing laws. Additionally, the results highlight the necessity for a more robust legal framework, better appeal procedures, and greater stability in the Federal Supreme Court in order to ensure better constitutional supervision.