المحكمة الاتحادية العليا العراقية و دورها في حماية نصوص الدستور : دراسة مقارنة

Abstract EN

Undoubtedly, the political and constitutional developments witnessed by Iraq after the year (2003) and the accompanying shift in the structure of the state from the simple to federal and solutions parliamentary system replaces the presidential dictatorship, totalitarianism, as well as the adoption of the principle of separation of powers and promote universal respect for public rights and freedoms embodied in the law of the State Administration phase transition as well as in the Constitution (2005), and find the Constitution is superior to all laws and other authorities in the country, all this led to the emergence of a sense of the need to maintain these gains through the creation of an independent body is assumed to achieve those goals, and this body is the Federal Court Supreme by Maisdr control of the legislative body of the laws or taken by the executive body of work such as controlling dangerous, instructions and decisions, orders and other business executive, and the abolition of which are not consistent with the Constitution.

Accordingly, and consistent with all of the above, we find that the Iraqi legislature has introduced a judicial body, independent and neutral is not affected by any political consideration Aouhsbe, so he have the best judges in knowledge and behavior, is the Federal Court Supreme, as the text of the State Administration Law for the transitional phase in its article (Fourth Session / a ) that he ((being a tribunal in Iraq, the law called the Federal Supreme Court)), and the Constitution (2005) has confirmed the existence of the court and referred the composition and organization of work for a special law is the law of the Federal Supreme Court under the law No.

(30) for the year (2005 ), as well as the rules of procedure of the Court (1) of the year (2005), so the legislator wanted behind such a development that demonstrates the existence of the state legal and HH Itusdha principle of the Constitution.

The need to search to come through the importance of the court that rendered many of the provisions despite the lapse of a period short of their occurrence, and the laws governing the work had turned toxic many of the gaps that we will try to set forth and study and make appropriate recommendations to address them and the importance of the other come from the lack of research on this subject.

The methodology of research, our study will be analytical and comparative study with some of the Arab legislations of Arab Republic of Egypt, which is the cradle of Arab States in the control of the constitutionality of laws, as well as the United Arab Emirates as one of the Arab country that follow the federal system to this day ((in addition to Iraq, which is in its infancy in this experiment)) to take advantage of this legislation to take what is positive and avoid what is negative.

The research plan, they will be divided into five sections, Ntnolna first section the content and the importance of judicial control over the constitutionality of laws, while the second section Fsn_khass to discuss the membership of the Federal Supreme Court, while we discussed in Section III to move regulatory competence to the Federal Supreme Court, while dedicated Section IV to study the procedures of Chapter a claim of unconstitutionality, while the fifth section we dealt with were the decisions issued by the Federal Supreme Court.

Finally, concludes research conclusion included the most important findings and recommendations that we consider it appropriate to introduce to in order to promote legislation on the work of the Iraqi Federal Supreme Court.