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March 18, 20260 citations

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

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AKAzhaar KreemIDImad Daham

Key Points

  • The aim is to explore the constitutional interpretive jurisdiction of the Federal Supreme Court in Iraq, as outlined in Article 93/Second of the 2005 Constitution.
  • Analysis of the constitutional and legal texts relevant to the Federal Supreme Court's jurisdiction.
  • Critique of interpretive opinions issued by the court.
  • Examination of requests submitted to the court from various entities.
  • Identified the ambiguities in the constitutional text regarding who can appeal to the Federal Supreme Court.
  • Highlighted the role of parliamentary requests in shaping the court's interpretive opinions.
  • Provided insights into the court's decisions regarding constitutional law and judicial review.

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.

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Cite This Study

Kreem et al. (2025) studied this question.

synapsesocial.com/papers/69ba422e4e9516ffd37a2334https://doi.org/10.63677/jqlap.2025.161520.1372
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