Constitutional Oversight and its Impact on Parliament

This study examines the role of constitutional oversight in safeguarding constitutional supremacy and its impact on parliamentary performance within modern constitutional systems, with a particular focus on Iraq under the 2005 Constitution. Constitutional review is analyzed as a fundamental legal mechanism for maintaining the balance of powers, preventing legislative تجاوز (overreach), and protecting fundamental rights and freedoms. Using a doctrinal and analytical legal research approach, this study explores the concept of constitutional supremacy, the nature and evolution of constitutional review, and the distinction between political and judicial models of oversight. The research highlights the pivotal role of the Federal Supreme Court of Iraq in reviewing the constitutionality of laws enacted by Parliament and assessing its effectiveness in strengthening the rule of law amid complex political dynamics. The findings indicate that judicial constitutional review contributes not only to correcting legislative imbalances and enhancing parliamentary performance but also to reinforcing democratic governance by safeguarding minority rights and constitutional values. Nevertheless, the study also identifies key challenges, including political pressures, legitimacy debates, and limits on judicial authority, which may affect the practical implementation of constitutional oversight. The paper concludes that constitutional justice, when exercised with independence and professionalism, serves as an essential partner to parliament in achieving constitutional governance and democratic stability.