The problem of the right to appeal before the Federal Supreme Court

Kreem, Azhaar Bdeer; Daham, Imad Kazim

doi:10.63677/jqlap.2025.161520.1372

	The problem of the right to appeal before the Federal Supreme Court
AL-Qadisiya Journal For Law and Political Sciences
Article 1, Volume 16, Issue: 2 part 1, September 2025, Pages 1-10 PDF (652.98 K)
Document Type: Research Paper
DOI: 10.63677/jqlap.2025.161520.1372
Authors
Azhaar Bdeer Kreem^* ¹; Imad Kazim Daham²
¹Al-Furat Al-Awsat Technical University / Technical Engineering College
²College of Law / University of Kufa
Abstract
The Constitution of the Republic of Iraq of 2005 assigned the jurisdiction to monitor the constitutionality of laws to the Federal Supreme Court as the highest federal judicial body, in addition to other jurisdictions assigned to the court, thus emulating advanced countries in this field, striving to achieve the description of a state of law and constitutional institutions. The Constitution did not specifically specify the body or entity that has the right to submit a request to the Federal Court, but we find, through the judicial applications of the Federal Supreme Court, that many interpretive opinions were issued by the court based on a number of requests received from various parties, including the request submitted by the parliamentary department in the Council of Representatives regarding the interpretation of a number of constitutional texts. The research problem is represented by the nature of the judicial constitutional interpretive jurisdiction that was granted to the Federal Supreme Court in the Iraqi Constitution of 2005 in Article 93/Second. In our research, we followed the method of analysis and criticism of the constitutional and legal text of the relevant texts, with an analysis of the decisions of the Federal Supreme Court in the matter.
Keywords
Right of appeal; Federal Supreme Court; Constitution

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