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May 15, 2026Journal of Anbar University for Law and Political Sciences0 citationsOpen Access

The legal basis for the right of the Federal Supreme Court in Iraq to interpret the constitutional texts (A comparative study)

OMOday Mahmood

Key Points

  • The research aims to clarify the legal foundation for the Federal Supreme Court's right to interpret constitutional texts in Iraq.
  • Comparative analysis of the Iraqi legal framework regarding constitutional interpretation
  • Examination of the Federal Supreme Court's rights under the 2005 constitution and Federal Supreme Court Law No. 30 of 2005
  • Assessment of constitutional interpretation frameworks in Egypt and the Emirates.
  • Identified that the legal basis for interpretation stems from the 2005 constitution rather than the repealed State Administration Law
  • Demonstrated that Article 93/Second of the 2005 constitution grants the court specific interpretation competencies
  • Highlighted differences in constitutional interpretation authority between Iraq, Egypt, and the Emirates.

Abstract

    Given the importance of the role played by the "Federal Supreme Court" in Iraq in terms of its competencies, the research came to clarify the legal basis for its right to interpret the texts of the constitution, which often raises controversy and controversy regarding the legal basis for the right of the Federal Supreme Court to interpret the texts of the constitution. Is the legal basis represented in the 2005 constitution Is it enforceable, or is it represented in “Federal Supreme Court Law No. 30 of 2005” issued on the basis of “the canceled State Administration Law for the Transitional Period of 2004”, and Law No. 30 of 2005, issued based on the text of Article (44) of the “State Administration Law for the Transitional Period” Repealed” violates the provisions of the constitution, and is devoid of a reference to the constitutional interpretation. However, the court exercised its right of interpretation in accordance with the text of Article (93/Second) of the effective 2005 constitution, which stipulated new competencies that were not provided for in the State Administration Law, including the interpretation of the provisions of the constitution, in comparison with the explanatory jurisdiction of the constitution in both Egypt and the Emirates.                                                              

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Cite This Study

Oday Mahmood (2022) studied this question.

synapsesocial.com/papers/6a06b7eae7dec685947aa88ehttps://doi.org/10.37651/aujlps.2023.177058
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