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Methods of Initiating Constitutional Cases and Procedures for Issuing Judgments and Decisions in the Iraqi Federal Supreme Court (A Study of Internal Regulation No. (1) of 2025) | ||
| AL-Qadisiya Journal For Law and Political Sciences | ||
| Article 15, Volume 17, Issue: 1 part 1, March 2026, Pages 319-344 PDF (1.09 M) | ||
| Document Type: Research Paper | ||
| DOI: 10.63677/jqlap.2026.168541.1539 | ||
| Author | ||
| Aras Jaafar Saeed* | ||
| University of Kirkuk/College of Law and Political Science | ||
| Abstract | ||
| The procedures for issuing judgments and decisions in the Iraqi Federal Supreme Court according to Internal Regulation No. (1) of 2025 represent the legal framework governing the mechanisms for initiating constitutional litigation through three main methods: first, through the subject matter court either by direct referral from the judge on his own initiative or by incidental plea from the parties within fifteen days; second, by direct original lawsuit from official entities such as federal authorities, ministries, regional presidency, and governors, provided that the text relates to their duties and raises an actual conflict in application; and third, which was introduced by the new regulation, is the provision for direct challenge by natural and private legal persons without requiring the existence of a pending lawsuit, provided that there is present, direct, and substantial interest and that the text has been actually applied to the plaintiff. The Internal Regulation organized the trial procedures that begin with registering the lawsuit and examining its petition, then notifying the defendant via direct address or email while granting him fifteen days to respond. The court proceeds with its procedures even without a response to ensure constitutional legitimacy. The regulation granted the court broad powers to conduct investigations and seek assistance from experts and advisors. The procedures conclude with secret deliberation and reasoning of the judgment, which is an essential condition for its validity, then pronouncing it publicly and publishing it in the Official Gazette and on the website. | ||
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