التنظيم القانوني للأوامر الولائية الصادرة عن المحكمة الاتحادية العليا في العراق (دراسة تحليلية)
Volume 13 , Issue 2 , December 2025 , Pages 65-108
Authors
Ibrahim Mohammed Haje ; D. Khidhir Haji Rasul ; D. AMAL ALI HUSSEIN
10.17656/jlps.10367
Keywords
Abstract
The rights of parties in constitutional lawsuits may be jeopardized due to slow or deliberate litigation procedures, where delayed final judgments can become ineffective. To ensure that litigation before the constitutional judiciary proceeds without undermining the rights and legal positions protected by the final ruling, and to safeguard these rights from harm during the process, the concept of issuing injunctions has emerged. These injunctions serve as urgent, temporary precautionary measures designed to prevent escalating damages resulting from the delays of ordinary judicial procedures. The jurisdiction to issue injunctions is exercised to protect rights and legal positions facing imminent danger when urgency requires prompt judicial intervention. Importantly, this mechanism does not affect the substance of the constitutional right under dispute, thereby preserving it until the court delivers its final judgment. This study also investigates the issuance of such jurisdictional orders by Iraq’s Federal Supreme Court, clarifying the legal foundation, nature, conditions, procedures, and validity of these orders, as well as exploring the possibility of appealing them. The analysis draws on judicial rulings of the Federal Supreme Court and compares them with legal frameworks and judicial practices from countries like Germany, Belgium, and Egypt, to provide comparative insight.Additionally, the study examines the applicability of the Iraqi Civil Procedure Law No. 83 of 1969 to constitutional cases, especially regarding injunctions, assessing whether its provisions align with the unique nature and requirements of constitutional litigation.
Key words: Origin of right, legal order, authority, temporary procedure, urgent nature
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- First online15 December 2025
- Published at15 December 2025
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