ضوابط استقلال المحكمة الاتحادية العليا في العراق من حيث التشكيل : دراسة مقارنة

Abstract EN

Summarythe subject of the constitutional judiciary and its role in the maintenance of the provisions of the Constitution from violation became important because of its connection with legally state.

So asserted constitutional jurisprudence on the necessity of enactment in the constitutions the existence of a regulatory body with their supreme for rulings adjudicating disputes and constitutional issues determined by the Constitution.

So the constitution take care of Constitution organizing of the body in terms of formation, in order to be The Iraqi State Administration Law for the transitional period of 2004 and the Constitution of Iraq 2005 was enacted on the establishment of the Federal Supreme Court in Iraq as a constitutional specialist court, and based on the Constitution of 2004 was issued the Federal High Court Act under Order No.

(30) For the year 2005 which is in force until now for non-issuance a new law of the Court according to the 2005 Constitution.

There is a difference in the attitude of the former Constitutions concerning the formation of the court, and this difference appears from where both of them enacted on the mechanisms of formation of the court, since the Constitution of 2004 stated of these mechanisms but The 2005 Constitution did not address it.

As well as in the number of members of the Court, because the Constitution of 2005 the number of members did not determined while the Constitution of 2004 determined a number by nine members, as well as the differences between them in the availability of technical efficiency in the members, also the 2005 Constitution makes compulsory that the court include a number of judges and experts in Islamic jurisprudence as well as jurists in the law but the Constitution of 2004 limited the membership of the Court by judges.

This is in addition to some of the shortcomings in the attitude of the Constitution of 2005 about the mechanisms formation of the court where which negatively affects the extent of independence in direct competence.