The legal basis for the right of the Federal Supreme Court in Iraq to interpret the constitutional texts (A comparative study)

Talal Mahmood, Oday

doi:10.37651/aujlps.2023.177058

	The legal basis for the right of the Federal Supreme Court in Iraq to interpret the constitutional texts (A comparative study)
Journal of Anbar University for Law and Political Sciences
Article 21, Volume 12, Issue: 1 part 2, June 2022, Pages 142-161 PDF (1018.52 K)
DOI: 10.37651/aujlps.2023.177058
Author
Oday Talal Mahmood
Abstract
Given the importance of the role played by the "Federal Supreme Court" in Iraq in terms of its competencies, the research came to clarify the legal basis for its right to interpret the texts of the constitution, which often raises controversy and controversy regarding the legal basis for the right of the Federal Supreme Court to interpret the texts of the constitution. Is the legal basis represented in the 2005 constitution Is it enforceable, or is it represented in “Federal Supreme Court Law No. 30 of 2005” issued on the basis of “the canceled State Administration Law for the Transitional Period of 2004”, and Law No. 30 of 2005, issued based on the text of Article (44) of the “State Administration Law for the Transitional Period” Repealed” violates the provisions of the constitution, and is devoid of a reference to the constitutional interpretation. However, the court exercised its right of interpretation in accordance with the text of Article (93/Second) of the effective 2005 constitution, which stipulated new competencies that were not provided for in the State Administration Law, including the interpretation of the provisions of the constitution, in comparison with the explanatory jurisdiction of the constitution in both Egypt and the Emirates.
Keywords
Interpretation of the constitutional texts; the Federal Supreme Court in Iraq; the legal basis for the jurisdiction of the Federal Supreme Court

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