The Legality of Issuing a State Order in the Decisions of the Federal Supreme Court in Iraq

In this legal study, we discussed the nature of the state order in terms of its legal definition, as the state order is a temporary administrative procedure issued by the competent judge in some instances according to the law on the petition submitted by one of the parties to the case, including facts and evidence and supported by documents in an urgent matter. Likewise, the state order does not enjoy the authority of the ruling order. Still, it enjoys the power of urgent legal enforcement. It suspends the implementation of all urgent procedures and decisions resulting from the issue issued against the state order until the issue of the case is resolved. And that the Federal Supreme Court, as far as the matter relates to the constitutional dispute, has taken the issue of issuing the state order regarding these disputes, even though its law and internal system are devoid of a text on it, basing it on Civil Procedure Law No. 83 of 1969 as amended in force, and as far as the matter relates to the nature of the constitutional dispute. It also fortified the state decision issued by it from appeal, although the Iraqi Civil Proceedings Law permitted appeal against this decision by way of grievance. Therefore, we will discuss this issue from both legal and practical perspectives, as well as the role of the Federal Supreme Court in resolving constitutional disputes and issuing such decisions when considering constitutional disputes.