A Master’s thesis at the College of Law at Al-Nahrain University titled “The Issue of Interest in the Jurisprudence of the Federal Supreme Court” was presented by Student Saja Maad Al-Awsi.
The study aimed to highlight the concept of the condition of interest and its attributes within the context of constitutional lawsuits, according to the varying methods of initiating lawsuits, distinguishing it from the substantive lawsuit and its relation to it. It also addressed the cases where the interest in a constitutional lawsuit is absent, leading to the dismissal of the lawsuit initially or its subsequent rejection, clarifying the idea of the connection between the two interests and the extent to which the presence of interest in the original lawsuit is a prerequisite for the acceptance of the constitutional lawsuit.
The study examined the interest in the jurisprudence of the Federal Supreme Court, considering it one of the fundamental principles that underlie constitutional lawsuits, which belong to the objective judiciary where the dispute centers around the legitimacy of laws or regulations themselves. In this context, individuals do not possess personal rights but only have an interest that does not rise to the level of a right. Therefore, constitutional judiciary accepts this interest to admit a case of unconstitutionality.
The study concluded that there is an independence and specificity between both the conditions of standing and interest, where the potential interest may be considered in some cases, contrary to the general rule. It also emphasized that interest is one of the essential conditions in constitutional lawsuits, as the lawsuit is rejected if this interest is absent.
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