The professor of constitutional law at our college, Assistant Professor Dr. Ahmed Fadhel Al-Saffar, participated in the committee to discuss a master’s thesis in the branch of public law on the implicit amendment of the constitution – a comparative study, submitted by the student Israa Hussein Salman.
The study aimed to clarify the reasons that lead to amending constitutional texts that are not explicitly stipulated in the constitution to amend them implicitly, in addition to clarifying the extent of the impact of the authority of the Federal Supreme Court on the implicit amendment of the constitution as the highest judicial authority.
The study concluded that the implicit amendment of the constitution occurs through the decisions of the Federal Supreme Court that come in the context of interpretive decisions complementing the constitution, filling constitutional legislative gaps that the constitutional legislator overlooked, in addition to the fact that the implicit amendment of the constitution is an exceptional, informal amendment issued by the judicial authority represented by the Federal Supreme Court, so it is binding and enjoys absolute authority.
Division of Media and Government Communication
College of Law – University of Karbala