قرارات المحكمة الاتحادية العليا بين الجوانب القانونية والاعتبارات السياسية

Abstract

The Constitution of the Republic of Iraq for the year 2005 stipulated the establishment of a judicial body to ensure that these rules do not violate the provisions of the Constitution, and it is called the Federal Supreme Court. In the context of this research, we discussed the competencies of the Federal Supreme Court, whether in the light of the Constitution, or in the light of its amended Law No. (30) of 2005 in the first topic, while in the second topic, we presented the methods of challenging the unconstitutionality of laws, whether direct action or unconstitutional action Direct, with the presentation of some judicial applications of the Federal Supreme Court, and we reached some conclusions and proposals, the most important of which is to distance the Federal Supreme Court away from political influences and pressures, so that it can perform its tasks in light of the provisions of the Constitution, as well as excluding some of the court's secondary jurisdictions, including ratification of the final results of the elections The House of Representatives, and to challenge the validity of the membership of the House of Representatives, because they are administrative decisions that are definitely outside the jurisdiction of this court.