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

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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Publication Details

Journal
AL-Qadisiya Journal For Law and Political Sciences
Published
2025-09-01
DOI
https://doi.org/10.63677/jqlap.2025.161520.1372
Primary Topic
Legal Language and Interpretation
Type
article
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article

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

Imad Daham, Azhaar Kreem
AL-Qadisiya Journal For Law and Political Sciences
Legal Language and Interpretation
article

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

Imad Daham, Azhaar Kreem
article en

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.

AL-Qadisiya Journal For Law and Political SciencesVol. 16(Issue: 2 part 1)
Al-Furat Al-Awsat Technical University (IQ), University of Kufa (IQ)
Peace, Justice and strong institutions
Openalex Percentile: Top 5%
Legal Language and Interpretation
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