The Impact of Constitutional Judiciary Rulings on the Legislative Policy of Regions and Governorates Not Organized in a Region in Iraq (The Federal Supreme Court as a model)
Volume 13 , April 2025 , Pages 611-623
Authors
10.17656/jlps.10313
Keywords
Abstract
The constitutional judiciary in Iraq, represented by the Federal Supreme Court, remains a relatively recent institution. Despite the explicit provisions of the 2005 Constitution of the Republic of Iraq, which grant regional authorities the right to exercise legislative, executive, and judicial powers in accordance with its provisions—excluding only those exclusive powers reserved for the federal authorities—the constitutional judiciary has frequently ruled on the validity of legislation enacted by regional legislative bodies. In several instances, it has declared such legislation unconstitutional on the grounds that it contravenes the federal constitution.
These rulings, however, appear to overlook the unequivocal wording of Article 121 of the Federal Constitution, which explicitly affirms this right. Moreover, the constitutional legislator in Iraq has clearly delineated exclusive federal powers in Article 110 of the 2005 Constitution, leaving no room for ambiguity or alternative interpretations. Any powers not explicitly listed as exclusive to the federal authorities are, by default, vested in the regions and governorates not organized in a region. This principle is further reinforced by the amended Law No. 21 of 2008 on Governorates Not Organized in a Region, which adopts the same approach in Article 2, Paragraph 5.
However, the rulings of the constitutional judiciary in this regard have been inconsistent, raising concerns about their implications for the legislative policies of the regions and governorates not organized in a region. Accordingly, this study seeks to analyze the impact of these rulings on legislative policymaking in such jurisdictions. It also aims to critically examine and assess these judicial decisions through a logical and objective legal analysis that remains free from political influence. Given that the constitutional judiciary serves as the guardian of rights and freedoms in any legal system, it is imperative to ensure that its rulings adhere to sound legal reasoning and constitutional principles.
Keywords: Federal Supreme Court, constitutional review, legislation, legislative policy.
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- First online25 April 2025
- Published at25 April 2025
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