انتزاع المحكمة الاتحادية العليا اختصاص تفسير التشريعات العادية من مجلس الدولة في العراق

Abstract EN

This research deals with the adoption of the Federal Supreme Court's interpretation of ordinary legislation in its Court ruling Issue 48 Federal 2021 on 6/6/2022 ,And the relationship of this the topic to the competence of the State Council, which it has been practicing for a long time .It examines the problem of overlapping specializations between them ,through the show the competence of the State Council to interpret ordinary legislation, and then the entitlement of the Federal Supreme Court to exercise it ,Because of the overlap, we set a boundary between the two competences by distinguishing between basic laws (laws complementing the constitution) that we believe the competence of the court and ordinary laws that remain within the competence of the State Council.

We followed the court's path in issuing its 32 rulings, which went through a great development, starting from explicitly rejecting, then practicing it implicitly, and finally adopting it explicitly.

With set important recommendations, we hope from the Federal Supreme Court and the House of Representatives that I will take them into consideration when dealing with the matter in the future.