الفهرس 
المقدمةيوجد فقط 14 صفحة متاحة للعرض العام
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المستخلص
It is well known that the constitution is the supreme law of the state. Because it transcends the rest of the laws, and in implementation of the principle of gradation of legal rules, there is no other law above it. Because he is the one who sets the basic rules for the country, and that is why the legislator must be keen to respect the constitutional rules when enacting laws and to ensure that they do not contradict the constitution. That is, the legislator is obliged, when issuing legal texts, to make sure that they comply with the provisions of the constitution. This is due to the fact that the legal texts issued by the legislator cannot be invalidated or suspended by the legislator. Because it is invalidated only through a ruling by the competent court, which is the Supreme Constitutional Court in Egypt and the Supreme Federal Court in Iraq. This means that the principle of the supremacy of the constitution will remain theoretically unless it is complemented by the principle of oversight over the constitutionality of laws, and there have been many forms of oversight, some of which are political and some are judicial. By providing means to file a grievance if it occurs, in addition to providing judicial impartiality by using certain mechanisms. This is done when a dispute arises in a matter considering that the law applied in it is incorrect and in violation of the provisions of the Constitution, and the claim of unconstitutionality is brought in a dispute before the substantive courts by pleading for unconstitutionality by one of the parties to the dispute, or by referral by the judiciary, where it is ascertained Administrative judiciary from the seriousness of the payment, and then refer it to the competent court in order to consider it to ensure its constitutionality. It must be noted that oversight of administrative laws is ex post control, that is, it takes place when the law enters into force, and the opponents push it before the administrative judiciary on the pretext that the law is contrary to the provisions of the Constitution, and the purpose of this defense is to protect the parties to the conflict from the violating law. Thus, when it is ascertained that the text applied in the case before the administrative court is in violation of the provisions of the Constitution, the administrative judge will stop the case, and then refer it to the competent court to ensure its constitutionality. It should also be noted that the referral of the case to the competent court is carried out directly by the substantive courts, and the reason for this is that the courts do not have the right to express their opinion on the case, and they cannot plead unconstitutionality, and the reason for this is that the substantive courts make sure that The legal conditions required for filing a constitutional lawsuit. This means that the administrative judiciary’s referral of the case to the competent court is nothing but an act based on the premise that the jurisdiction of this court is to ascertain the constitutionality of the laws applied in the subject of the dispute before it, because it exercises this jurisdiction through its monitoring of the extent to which the legislative authority adheres to the provisions contained in the constitution when It enacts its own laws, and this court has another jurisdiction that is reflected in the oversight of the work of the executive authority through the regulations and executive laws it issues, thus ensuring the extent of its commitment to constitutional controls. It is worth noting that the administrative judiciary, in order to be able to initiate the constitutional case, is obliged to follow the methods of sub-payment and referral, and this came as a result of the Iraqi constitutional legislator’s approval of the system of central judicial control over constitutional regulations and laws. The importance of the topic of this research is manifested by clarifying the legal basis for the role of the administrative judiciary in moving the constitutional case, by clarifying the way through which this case is brought, and then we will talk about the extent of the administrative judiciary’s authority when it initiates the constitutional case, and the authority that is based on The basis for it is to ascertain the extent of the seriousness of the payment, and to address the controls that must be adhered to when filing the constitutional case, and the reasons that prompt the administrative judiciary to move the case, and then explain the consequences of moving the administrative judiciary to the constitutional case. The scope of the research is determined by referring to the role of the administrative judiciary in moving the constitutional case, and this is evidenced by addressing the meaning of the constitutional case and the most important features and pillars that distinguish it from other ordinary cases, and then we explain the most important mechanisms developed by both Egyptian and Iraqi legislators, which It determines the ways to move the constitutional case by the administrative judiciary, which has been clarified in two ways, either by using the sub-payment method from one of the litigants regarding the case before the Administrative Court in which the applicable text is suspected of unconstitutionality, so the administrative judiciary files the case before the competent court, which is the Supreme Constitutional Court In Egypt and the Federal Supreme Court in Iraq, or that the case is brought by the court itself through referral, where the court considers that it is a law that does not comply with the provisions of the Constitution, so it stops the case, and refers it to the competent court. One of the problems that arise in this matter is what is the role of the administrative judiciary in moving the constitutional case, and the extent of its authority in moving it?, which are defined by law as the means of sub-push and referral. That is, can he consider the subject matter of the case, or is this jurisdiction exclusively for the Constitutional Court? And the most important thing that is raised is: What is the fate of the original case after the ruling of unconstitutionality is issued? In our study of this subject, we relied on the comparative approach between Egypt and Iraq, with the addition of some other countries in this comparison, and then determining the extent of the administrative judiciary’s authority to initiate the case.