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The Role of the Federal Supreme Court in Iraq in Protecting the Principle of Constitutionality | ||
| AL-Qadisiya Journal For Law and Political Sciences | ||
| Article 7, Volume 17, Issue: 2 part 1, September 2026, Pages 131-152 PDF (578.67 K) | ||
| Document Type: Research Paper | ||
| DOI: 10.63677/jqlap.2025.166367.1479 | ||
| Author | ||
| Bahjat Sabri Aqrawi* | ||
| Cihan Private University in Erbil | ||
| Abstract | ||
| This study aims to examine the judicial review of the constitutionality of laws in Iraq, with a particular focus on the role of the Supreme Federal Court in exercising this review. The research addresses the legal framework regulating constitutional oversight, the methods for initiating constitutional lawsuits before the Court, and the characteristics of such oversight in terms of centralization, posterior review, and comprehensiveness. The study highlights that judicial review ensures that laws comply with constitutional provisions and protects public and private private rights, thereby reinforcing the principles of impartiality, independence, and specialization in the judiciary. The research also discusses the mechanisms for filing direct lawsuits by concerned parties or the Council of Ministers, as well as referrals from the court of first instance, either spontaneously or based on challenges raised by individuals. It underscores the Supreme Federal Court’s role as an independent judicial body exclusively authorized to adjudicate constitutional matters. | ||
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