Supreme Court (Federal-Constitutional): its Conception and Jurisdiction (Constitutional)

Abstract

The Just Judge Who doesn't Hasten the Separation of the Judiciary without Investigating the Arguments of the Adversaries

The Federal Supreme Court is the highest court in Iraq, its jurisdictions are to adjudicating disputes between the Federal Government and the governments of the regions, governorates, municipalities and local administrations, and to adjudicating disputes related to the constitutionality and legitimacy of all legislation, and abolish whatever opposite the Constitution, and its look for appeal of the judgments and decisions of the Administrative Judiciary to consideration the cases before the Court in an appellate capacity, all this jurisdictions shall be regulated by law. This research has chosen for the purpose of defining the competences of the Federal Supreme Court for its importance in preserving the Constitution and its basic principles as well as the principle of separation of powers. The researcher will adopt the analytical and applied research. The research will be divided into two chapters: the First: will deal with the establishment of the Federal Supreme Court in the Iraqi Basic Law of 1925, the temporary Constitution of 1968, the temporary Constitution of 1970 and the Permanent Constitution of  2005, and the second chapter will clarifying the jurisdiction of the Federal Supreme Court under the Constitution of 2005.