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The Oversight of the Federal Supreme Court on Instructions in Iraq | ||
| Journal of Anbar University for Law and Political Sciences | ||
| Article 45, Volume 14, Issue: 2 part 2, December 2024, Pages 1160-1183 PDF (664.05 K) | ||
| Document Type: Research Paper | ||
| DOI: 10.37651/aujlps.2024.149706.1253 | ||
| Author | ||
| Ali Fadel Ibrahim* | ||
| University of Babylon - University Presidency | ||
| Abstract | ||
| The Federal Supreme Court in Iraq adopted two different approaches, examining the extent of its oversight over instructions. The court followed its first approach to not including instructions within constitutional oversight, in compliance with the provisions of Paragraph One of Article (93) of the Constitution, considering that instructions are administrative decisions that do not have the right to The legislative capacity, which falls within the jurisdiction of the administrative judiciary, except that the court, in a new direction through which it confirmed its jurisdiction to consider the constitutionality of the instructions, provided that the lawsuit is filed in accordance with the provisions of Article (93/Third) of the Constitution, and that the instructions are issued by the federal authorities in the country, Consequently, its acceptance to consider the instructions issued by the federal authorities in accordance with the provisions of Paragraph Three has led to violating the general rules related to the principle of hierarchy of legal rules. | ||
| Keywords | ||
| Federal Court; Iraq; oversight | ||
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