Constitutional Regulation for Establishing the Federal Supreme Court in Iraq and its Relation to the Rights of the Regions

Authors : Abdulmalik Younis Mohammed, Soran Ali Hasan

Pages : 454-477

Doi:10.21600/ijoks.454468

View : 21 | Download : 12

Publication Date : 2018-08-25

Article Type : Research

Abstract :A fteradopting of the federalism and voluntary union for a new Iraqi state in the Constitutional Regulation of 2004, and their emphasizing in the Executed Constitution of 2005, there was a radical change in the whole governmental institutions including the judicial system especially in recognition of bilateral of the judiciary structure system in both federal and regional level and establishing of the Federal Supreme Court (which represents the highest judicial foundation on the level of federal judicial in terms of the status, legal force of its decimations, its relation with the constitutional subjects and the disputes betweenthe federal entities and institutions ( .Passing this Court through three various constitutional and legislative stages, and waiting to receive another new legislative regulation, despite the extent of participation of the regions in matters related to the establishment, structure and exercising of the court’s competences, caused to several issues concerning with the previous matters,  which led to instability and lack of legal regulation stipulated in the Executed Iraqi Constitution 2005 to determine the number of members, way of recruitment and the proceedings of the Court. This research paper depends on analytical approach to interpret the constitutional and legal rules and judgments related to the ways of establishment, structure of and participation of the regions in the Court and stating the issues connected to such ways.
Keywords : Federal Supreme Court, Jurisdiction of the Federal court, Establishing of the Federal Supreme Court, Rights of Regions