The role of the idea of purpose in limiting the penalty for violating constitutional time limits

Abstract

The idea of the purpose is one of the indispensable tools in adapting the constitutional texts to achieve the most effective interests, and from here came the idea of the research addressing the sterile formality of the constitutional texts that include a temporal determination. It is an exceptional judicial situation, and it is not permissible to expand upon it or compare it to it. On the other hand, this suspension does not extend to accountability and the establishment of responsibility for the violating party, but is limited to permitting the defective behavior only in time, and there is no evidence for the application of this idea from the Federal Supreme Court Decision No. (71) / Federal/2019) regarding the interpretation of Article (140) of the Constitution of the Republic of Iraq for the year 2005.