The supervisory jurisdiction of the Federal Supreme Court in Iraq
DOI:
https://doi.org/10.35246/4bhq0h72Keywords:
Regulatory jurisdiction, Federal Court, Legislative hierarchyAbstract
The constitution occupies the highest rank in the legislative hierarchy, as its rules are considered the highest rules in the entire legal system, and accordingly it follows that the competent authority in legislation respects the constitution and does not violate it, and in other words, the legislation that is issued by it should be constitutional, i. Modern constitutional documents in many countries have organized the issue of creating oversight over the work of those authorities, and this oversight may be judicial when it is exercised by the judiciary, and it may be non-judicial when entrusted to other bodies, and judicial oversight is achieved through an original lawsuit filed to challenge the A law or regulation before a Supreme Constitutional Court, or by referral from Through the subject matter jurisdiction when the constitutionality of a law or regulation is raised on the occasion of a case before the subject matter court, and it can also be achieved by combining the original case with the subsidiary plea, noting that judicial oversight over the constitutionality of legislation is the best method of oversight due to the judiciary’s impartiality. And independence in addition to being away from whims and caprices.
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References
First - books :
I.D. Al-Nadawi, Adam Wahib, 1988, Civil Procedures, Press of the Ministry of Higher Education and Scientific Research.
II. Dr.. Al-Lamsawi, Ashraf Fayez, 2006, Constitutional Legitimacy in Various Legislations and the Role of the Constitutional Judiciary in Monitoring Legitimacy, 1st edition, National Center for Legal Publications.
III. Dr.. Khaled, Hamid Hanoun, 2013, Principles of Constitutional Law, and the Development of the Political System in Iraq, 1st edition, Al-Sanhouri, Baghdad.
IV. Dr.. Al-Shaer, Ramzi, 2003, The Constitutional Judiciary in the Kingdom of Bahrain, a comparative study, International Publisher.
V.D. Al-Sharif, Aziza, 1995, A Study in Oversight of the Constitutionality of Legislation, Al-Faisal Press, Kuwait.
VI. Dr.. Al-Baz, Ali Al-Sayed, 1980, Oversight of the Constitutionality of Laws in Egypt, Arab Countries and Other European Countries, Cairo.
VII. Dr.. Mahdi, Ghazi Faisal, 2008, The Federal Supreme Court and its role in ensuring the principle of legality, Encyclopedia of Legal Culture, 1st edition, Baghdad.
VIII. Dr.. Al-Sharqawi, Souad. friendship. Nassef, Abdullah, 1984, Foundations of Constitutional Law, Explanation of the Egyptian Political System, Cairo.
IX. Dr.. Al-Tabtabai, Adel, 1978, The Federal System in the United Arab Emirates, A Comparative Study, New Cairo Press, Cairo.
X.D. Zidane, Faiq, the constitutional judiciary’s oversight of the constitutional limits between authorities, a comparative study, without a year of publication, Dar Al-Warith for Printing and Publishing.
XI. Dr.. Khalil, Mohsen, 1980, Constitutional Law and Political Systems, Alexandria. XII. Dr.. Al-Munji, Muhammad, 2002, The Unconstitutionality Lawsuit, The Legal and Procedural Organization of the Unconstitutionality Lawsuit, 1st edition, Manshaet Al-Maaref, Alexandria.
XIII. Dr.. Abdel Basset, Mohamed Fouad, 2002, The Jurisdiction of the Constitutional Court in Constitutional Matters, Manshaat Al-Maaref, Alexandria.
XIV. Dr.. Zaki, Mahmoud Ahmed, 2004, The Judgment Issued in the Constitutional Case, Its Effects and Its Authenticity (A Comparative Study), 1st edition, Dar Al-Nahda Al-Arabiya, Cairo.
XV. Dr.. Talib, Mosaddeq Adel, 2017, The Constitutional Judiciary in Iraq, Beirut.
XVI. Dr.. Al-Assar, Yusra Muhammad, 1999, Confrontation in the Constitutional Judiciary (a comparative analytical study of the authority of the Constitutional Court to exceed the scope of the lawsuit), Dar Al-Nahda Al-Arabiya, Cairo.
XVII. Dr.. Al-Bayati, Wael Munther, 2022, Features of Constitutional Justice in Light of the New Rules of Procedure of the Federal Supreme Court, 1st edition, Al-Bayan Center for Studies and Planning.
Second: University theses :
I. Ajeb, Raed Hamdan, 2017, Autonomy of federal state mandates and their applications in contemporary constitutions, doctoral thesis, College of Law, University of Baghdad.
Third: Research and periodicals:
I.D. Khaled, Hamid Hanoun, 2009, Federal Authorities in the Iraqi Constitution of 2005, research published in the Journal of Legal Sciences, University of Baghdad, College of Law, Volume 24.
II. Dr.. Al-Aloush, Saad Abdul-Jabbar, 2015, Considerations on the subject of judicial oversight of the constitutionality of laws in Iraq and their future in protecting public rights and freedoms, research published in the Journal of the Faculty of Law, Al-Nahrain University, Volume (8), Issue (14), September.
III. Dr.. Omar, Shorsh Hassan and Dr. Amin, Latif Mustafa, 2021, The extent of the constitutionality of amending the Federal Supreme Court Law No. 30 of 2005, research published in the Journal of the College of Law, Al-Nahrain University, Issue (3), July.
IV. Dr.. Al-Hilali, Ali Hadi Attia, Examining Constitutionalism with the Response Mechanism, Law Journal for Legal Sciences, College of Law, Dhi Qar University, Volume 2014, Issue (9).
V.D. Talib, Mosaddeq Adel, 2022, The unconstitutionality of the Oil and Gas Law in the Iraqi Kurdistan Region No. (22) of 2007, Journal of Legal Sciences, Volume 37, Issue One.
VI. Dr.. Al-Salhi, Maha Bahjat Younis, 2008, The Federal Supreme Court and its powers to monitor the constitutionality of laws, research published in the Journal of the College of Law, Al-Nahrain University, Volume 21, Issue 11.
Fourth: Internet sites:
I. The Iraqi Federal Supreme Court website https://www.iraqfsc.iq. II. The pros and cons of the internal regulations of the Federal Supreme Court No. (1) of 2022, research and studies, an article published on the website of the Hammurabi Center for Research and Strategic Studies.
III. Dr.. Abdel Hamid, Ahmed Talal, Highlights on the Internal Regulations of the Federal Supreme Court No. (1) of 2022, legal studies and research, Al-Hiwar Al-Mutamaddin, an article published on the website https://www.ahewar.org/debat/show.art.asp.
IV. Dr.. Mahdi, Ghazi Faisal, notes on the jurisdiction of the Federal Supreme Court, an article published on the website https://www.sjc.iq/view.
Fifth: Constitutions:
I. The Constitution of the Republic of Iraq of 2005
Sixth - Arab laws:
I. UAE Federal Supreme Court Law No. (10) of 1973, as amended
Seventh - Iraqi laws:
I. The Iraqi State Administration Law for the Transitional Period of 2005.
II. First Amendment Law to Order No. (30 of 2005) No. (25) of 2021
III. Judicial Organization Law No. (160) of 1979. IV. Judges’ Service Extension Law No. (39) of 2012
Eighth: Systems:
I. Internal Regulations of the Federal Supreme Court No. (1) of 2022.
Ninth - Judicial decisions:
I. Federal Supreme Court Decision No. (43/Federal/2008) dated 9/12/2008.
II. Federal Supreme Court Decision No. 58/Federal/Media/2014 on 6/24/2014.
III. Federal Supreme Court Decision No. (59/Federal/2012) and Consolidated (110/Federal/2019) dated 2/15/2022
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