The Federal Court in Iraq between Constitutional Texts and Political Consensus

The Federal Court in Iraq between Constitutional Texts and Political Consensus

 Prepared by: Dr. Wadeea Dakhel

                 The experience of the Federal Supreme Court in Iraq is relatively recent compared to other countries such as United States of America, which is considered one of the first countries in this experience. Its composition, which consists of a number of judges and experts in Islamic jurisprudence and legal jurists according to the text of Article (92/Second), however, its formation remained according to its law that was issued before this constitution of only nine judges, and experts in Islamic jurisprudence and legal jurists were not involved due to political differences on this matter and between its various powers in Article (93). This court must work in accordance with what is required by the constitutional texts that define the various jurisdictions of the Federal Court, without regard to political and partisan pressures, because the judicial work is impartial and independent and has no power over it except the law, and this is what was stipulated in the Iraqi constitution in force in Article (19/First). The work carried out by this court in terms of examining the constitutionality of laws, or interpreting the provisions of the constitution, or any other of its competences must be in accordance with the constitution and the law, but the political situation in Iraq is often based on political consensus between political parties and blocs, As the Iraqi political situation is based on consensus and compromise between these blocs, which leads to the subjection of many matters in the state to political consensus, and the Federal Supreme Court in Iraq is not far from the political process and the political consensus that is taking place in it, so every small or large matter is disputed. Constitutionally, this court is resorted to in order to interpret or define what is meant by it, or to resolve the dispute between the litigants, so we note that the Federal Court has issued many decisions on similar or different issues, but it amends and retracts its decisions and gives a new principle that differs from the previous one and with the same subject , Among these decisions is Resolution No. 23 / Federal / 2007 on 12/21/2007 regarding the absolute majority, as it amended this decision and stated in a new decision that the absolute majority is more than half of the total number of members of the Council, while the simple majority means more than half of the total number of those present after achieving the quorum for the session, as well as its decisions regarding the constitutional terms related to electing President of Republic, choosing the candidate of the largest parliamentary bloc, and other decisions that indicate that the Federal Supreme Court is affected in one way or another by the consensus that takes place between the political parties and blocs, and this explains that the Federal Court is keeping pace with the situation in Iraq In order to contain the political problems and preserve the political process in Iraq, Especially since Iraq has a great political diversity that needs great flexibility in work, and this is what makes the Federal Court keep pace with these matters in order to conduct state affairs in a way that serves the public interest. Flexibility of the constitutional texts in order to be consistent with the reality in which Iraq lives.

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