Judicial Censorship of the Law's Constitutionality as a Guarantee the Enforcement of the Constitutional Rule

Abstract The subject of the research is judicial oversight of the constitutionality of laws as a guarantee of the enforcement of the constitutional rule. We divided it into two sections. The first section dealt with the general framework of judicial oversight of the constitutionality of laws, the nature of judicial oversight, and the emergence of the idea of judicial oversight of the constitutionality of laws. In the second section, the methods and forms of organizing judicial oversight and its forms were discussed, and methods for initiating judicial oversight of the constitutionality of laws were explained, explaining the differences in state constitutions in introducing judicial oversight Some of them pursued oversight by means of the original law suit for annulment, and some of them took up the defense of unconstitutionality by means of Abstention oversight. The role of the Federal Supreme Court was noted as one of the applications of judicial oversight in Iraq. The study concluded that establishing the foundations of a legal state based on the rule of law and preserving the rights and freedoms of individuals in it requires establishing guarantees to protect the principle of legality, uphold the constitution, and not deviate from its provisions in form and substance. To achieve this foundation, most countries with democratic systems have followed judicial oversight of the constitutionality of laws to the extent its effectiveness in ensuring respect and supremacy of the Constitution over other legal rules