The intervention of constitutional judiciary through review of legislative proportionality

Abstract

The mechanism of judicial review of proportionality in legislation is considered one of the most advanced forms of constitutional review, as it involves various methods and approaches to judicial review of the constitutionality of laws. This mechanism is important because it is the means through which constitutional courts uphold rights and freedoms. Moreover, it is a sensitive form of review as it extends to one of the most intimate aspects of legislative authority: its discretionary power. In this regard, the constitutional judge uses proportionality review to assess the validity and constitutionality of the legislator's judgment when exercising their discretionary power in regulating various legal matters by enacting the necessary legal legislation.
While constitutional review originally pertains to legality, how can the extension of review to the discretionary power of the legislator be justified when assessing proportionality? In this context, we explore the role of the Iraqi Federal Supreme Court, compare it to constitutional review of legislative proportionality, and propose appropriate solutions and remedies for legislative proportionality.

Opening keywords: Constitutional judiciary, legislative omission, legislative proportionality, legislative deviation, constitutional and legislative interpretation.