Abstract

Based on the special nature of international treaties and the nature of their constitutional status within the internal organizations of the state, the reality is that there is no specific mechanism required to enforce them within these legal systems of different countries, because they differ in their conditions and enforcement from one country to another, especially with the existence of the rule of gradualism in the legal rules within the country. Which is often called legislative gradualism.
As it is known, the constitutional rules are located at the top of the pyramid and the rule of supremacy of the constitution prevails accordingly, which means the arrangement of the legal rules, whether internal or external, represented in international treaties, all of which - that is, the legal rules - should be compatible with the constitution and not deviate from The constitutional framework of the state.
Hence the recognition of the majority of countries of constitutional oversight to ensure the supremacy of the constitution over other legal rules, and because treaties, after they are concluded, become part of the state’s legal system and are implemented directly or indirectly, which reflects the possibility of their conflict with the constitution as a legal act that arises from the agreement of two or more wills. It enjoys sovereignty at the international level, which requires clarifying its status in the constitution and other legal rules, and the extent to which it is subject to oversight.
Judicial oversight of the constitutionality of international treaties means that treaties, before or after their ratification, are subject to the oversight of the constitutional judiciary to verify the extent of conformity of their provisions with the provisions of the Constitution. In light of this research, we will examine the extent of the constitutional judiciary’s oversight of international treaties within the different legal systems in France, Egypt, and Iraq.
Perhaps the motivation that called us to study this topic is the theory of the effects of sovereignty, the immunization of international treaties, their non-subjection to the jurisdiction of the constitutional judiciary, and their differences and clarification from one country to another.