The Problematic Formation and Competencies of the Federal Constitutional Judiciary in Iraq

Abstract

This research is entitled (The Problematic Formation and Competencies of the Federal Constitutional Judiciary in Iraq) dealt with constitutional and legal organization of the constitutional judiciary in Iraq in both organic and functional aspects, and through this research, we found that the Iraqi constitutional legislator in The Law of Administration for the State of Iraq for the Transitional Period (2004)-abolished- , and Iraq's Constitution of (2005)-currently in force-, He recognized to found the constitutional judiciary in addition to the ordinary and administrative judiciary. By stipulating the establishment of a specialized judicial body which he is called "the Federal Supreme Court", and referred the lawmaker to form the court and organize its workflow. The constitutional legislator also assigned some competencies, exclusively to the court. Among them the jurisdiction to control the constitutionality of laws. The research focused on the scope and characteristics of this competence. Believing in the importance roles of the court to achieve constitutional justice and ensuring protection of rights and freedoms of constitutional citizenship.

In the course of this research, in which we adopted the methodology of comparison with a method of critical analysis for extrapolating the texts of the two constitutions and the law establishing the Federal Supreme Court No. (30) For the year 2005 regarding the composition and powers of the court. Also there are some comparisons in Iraqi constitutional judiciary system with compered countries constitutional judiciary systems.

It has been noticed many deficiencies and problems in this regard. In the light of this, we proposed to make amendments in some constitutional texts and the speed up to issuance of a new law for the Federal Supreme Court in conformity withconstitutional texts.