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Constitutional principles governing the work of the Federal Supreme Court | ||
| Journal of Anbar University for Law and Political Sciences | ||
| Article 13, Volume 16, Issue: 1, March 2026, Pages 336-359 PDF (801.33 K) | ||
| Document Type: Research Paper | ||
| DOI: 10.37651/aujlps.2025.164344.1564 | ||
| Authors | ||
| Duaa Basim Rasheed Hila* 1, 2; Ahmed Oudah Mohammed Al-Dulaimi3 | ||
| 1College of Law | ||
| 2University of Anbar | ||
| 3Federal Service Council | ||
| Abstract | ||
| This research explores the role of the Iraqi constitutional judiciar represented by the Federal Supreme Court—in safeguarding core constitutional principles. The study focuses on three fundamental principles: the supremacy of the constitution, the separation of powers, and the independence of the judiciary. These principles are essential to the constitutional framework of any modern state and are consistently enshrined in contemporary constitutions.The Iraqi constitutional legislator recognizes their importance and impact on governance. The principle of constitutional supremacy asserts that no authority stands above the constitution, and all state institutions are obligated to comply with its provisions. When this supremacy is violated, the Federal Supreme Court intervenes through its constitutional powers and judicial mechanisms. This is reflected in its jurisprudence, where it exercises constitutional review by annulling any provision that contradicts the constitution.Although there is a legislative deficiency in regulating procedures for constitutional interpretation, the Court’s interpretive power remains an essential tool for clarifying ambiguous texts and preventing misuse. Its rulings have resolved numerous disputes and ensured that unclear provisions are not exploited .The principle of separation of powers, though sometimes criticized as outdated, remains vital. Scholarly and practical assessments reaffirm its necessity and ongoing relevance. Likewise, judicial independence is crucial to impartiality and professional integrity. The Federal Supreme Court plays a central role in protecting this independence by resisting interference from the legislative and executive branches, including judicial appointments and institutional subordination | ||
| Keywords | ||
| Federal Supreme Court; Constitutional Principles; Judicial Mechanisms; Constitutional Review; Interpretation of Legal Texts | ||
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