Constitutional review of laws is one of the most important legal mechanisms for ensuring the supremacy of the Constitution and protecting fundamental rights and public freedoms. It involves examining whether laws and regulations are consistent with constitutional provisions and principles. The importance of constitutional review is particularly evident in constitutional systems that recognize and guarantee a broad range of rights and freedoms. It provides a mechanism for addressing conflicts between ordinary legislation and constitutional rules and contributes to maintaining a balance between the legislative authority and the constitutional protection of individual rights. In Iraq, the Constitution of 2005 grants the Federal Supreme Court jurisdiction to review the constitutionality of laws and regulations in force, interpret constitutional provisions, and adjudicate a number of constitutional disputes. The Constitution also establishes the supremacy of constitutional provisions and prohibits legislation that contradicts the Constitution. First: The Concept of Constitutional Review of Laws Constitutional review refers to the legal procedures and mechanisms through which the conformity of laws and regulations with constitutional provisions is examined, whether in terms of their substantive content or the procedures followed in their enactment. The primary purpose of constitutional review is to preserve the supremacy of the Constitution and ensure that legislative authorities exercise their powers within the constitutional limits established for them. Constitutional review systems differ from one country to another. Review may be political or judicial, and it may take place before a law enters into force or after its enactment. Judicial review is among the most significant mechanisms adopted by modern constitutional systems to ensure respect for constitutional principles and protect rights and freedoms. Second: The Constitutional Basis of Review in Iraq The Constitution of the Republic of Iraq of 2005 establishes the principle of constitutional supremacy and recognizes the Constitution as the highest law in the country. It also prohibits the enactment of legislation that contradicts its provisions. This principle places legislation within a constitutional framework and requires legal rules to comply with constitutional standards. The Constitution further grants the Federal Supreme Court jurisdiction over the constitutionality of laws and regulations in force, as well as the interpretation of constitutional provisions and the settlement of several constitutional disputes. The Federal Supreme Court is constitutionally recognized as an independent judicial body with financial and administrative independence. Accordingly, constitutional review constitutes an important safeguard for ensuring compatibility between legislation and constitutional provisions in Iraq. Third: Forms of Constitutional Review Constitutional review may be classified according to several criteria, including: 1. Prior Review Prior review takes place before a law enters into force. Its purpose is to determine whether proposed legislation is compatible with constitutional provisions before it becomes legally effective. 2. Subsequent Review Subsequent review takes place after legislation has been enacted and entered into force. It allows existing legal provisions to be examined to determine whether they comply with the Constitution. 3. Judicial Review Judicial review is exercised by a competent judicial body whose role is to examine the constitutionality of challenged legislative provisions and determine whether they are consistent with constitutional requirements. Judicial review is considered an important form of constitutional oversight because it provides an institutional mechanism for examining legislation in light of constitutional principles. Fourth: The Importance of Constitutional Review in Protecting Rights and Freedoms Constitutional review plays an important role in protecting rights and freedoms through several mechanisms: 1. Protecting the Principle of Equality Constitutional review helps prevent legislation that conflicts with the principle of equality or establishes unjustified discrimination. The Iraqi Constitution affirms that Iraqis are equal before the law without discrimination based on gender, race, ethnicity, origin, color, religion, sect, belief, opinion, or economic or social status. 2. Protecting Public Freedoms Constitutional review contributes to ensuring that restrictions on public freedoms remain consistent with constitutional guarantees while maintaining an appropriate balance between individual rights and the interests of society. 3. Strengthening Access to Justice Constitutional review provides a legal mechanism for addressing legislation that may affect constitutionally protected rights. It therefore contributes to strengthening individual guarantees and reinforcing the rule of law. 4. Protecting the Rights to Life, Security, and Liberty Constitutional review is particularly significant with regard to fundamental rights. The Iraqi Constitution recognizes every individual's right to life, security, and liberty and provides that these rights may not be deprived or restricted except in accordance with law and on the basis of a decision issued by a competent judicial authority. 5. Preserving Constitutional Supremacy Constitutional review helps ensure that ordinary legislation does not conflict with constitutional provisions. It therefore preserves the hierarchy of legal norms and supports constitutional stability. Fifth: The Role of Constitutional Judiciary in Balancing State Powers The importance of constitutional review extends beyond the protection of rights and freedoms to maintaining a balance among the branches of government. A specialized constitutional judicial body helps ensure that legislative authorities exercise their powers within the limits established by the Constitution. At the same time, constitutional review should be exercised within a framework that respects the principle of separation of powers. Constitutional judges should primarily determine whether legislation conforms to constitutional principles rather than replace the legislature in determining legislative policy. Recent legal scholarship emphasizes the need to balance the protection of rights with respect for legislative discretion and the principle of separation of powers. Sixth: The Impact of Constitutional Review on the Rule of Law Constitutional review contributes to strengthening the rule of law by subjecting public authorities to constitutional requirements and emphasizing that the exercise of public power must remain within legal and constitutional boundaries. Under the Iraqi constitutional framework, decisions of the Federal Supreme Court are final and binding on all authorities. This strengthens the position of constitutional adjudication within the Iraqi legal system. Legal scholarship also identifies the review function of constitutional courts as an important mechanism for protecting rights and freedoms by addressing legislation that violates constitutional provisions. Seventh: Challenges Facing Constitutional Review Despite its importance, the effectiveness of constitutional review depends on several factors, including: Clarity of constitutional and legal provisions governing constitutional review. Independence of the competent judicial authority. Clear procedures for constitutional challenges. Timely resolution of constitutional disputes. Effective implementation of constitutional judgments and decisions. Maintaining a balance between rights protection and separation of powers. Adapting constitutional review to social and technological developments. These challenges are becoming increasingly important with the emergence of issues such as personal data protection, digital rights, and artificial intelligence, all of which require legal frameworks consistent with constitutional principles. Conclusion Constitutional review of laws represents one of the fundamental safeguards of modern constitutional systems. It plays an important role in preserving constitutional supremacy, ensuring the compatibility of legislation with constitutional provisions, protecting rights and freedoms, and strengthening the rule of law. In Iraq, the Constitution grants the Federal Supreme Court jurisdiction to review the constitutionality of laws and regulations in force, making constitutional adjudication an essential component of the protection of constitutional legality. The effectiveness of this review depends on the clarity of the constitutional and legal framework, judicial independence, and respect for and implementation of constitutional decisions. Almustaqbal University – The First University in Iraq