إشكاليات تكوين المحكمة الاتحادية العليا في العراق و أثرها في جودة أحكامها

Abstract EN

The Federal Supreme Court is the highest federal judicial body in Iraq, with its important and dangerous competencies and its role in extending its oversight over the constitutionality of laws and regulations, the interpretation of constitution texts, and other specializations decided by Article (93) of the Constitution of the Republic of Iraq for the year 2005, and in the presence of these The court with jurisdiction over constitutional judiciary, Iraq has become in the ranks of developed countries in this field, taking its first steps on the road to reaching the state of law and constitutional institutions.

The research problem is embodied in two aspects, the first is related to the ambiguity of the constitutional and legislative texts governing the formation of the Federal Court and the definition of its jurisdiction, and the negative effects that result from the great quality of the judicial rulings issued by it, represented by the court’s stubbornness and defiance of correctness in many of its rulings, while the second concerns the political reality that dominates The work of the court and affects its impartiality and independence.

The aim of the research is to identify the most important problems in the formation of the Federal Court and the legitimacy of its existence and work, in addition to diagnosing the problems related to the limits of its jurisdiction in order to find legal solutions to them, in a manner that guarantees the court's impartiality and independence, and leads as a result to judicial proficiency in its rulings .