Problems facing the work of the constitutional justice in Iraq: Political Problem, Legal Problem

Abstract

The Federal Supreme Court of Iraq is an important constitutional institution and a pillar The State of Law has the competence to be regarded as the guardian of constitutional legality and the safeguard of security for the protection of rights and freedoms in Iraq    However, the work of Iraq's Federal Supreme Court may be problematic and challenging when exercising Its function, whether political or legal, affects its work and independence, where decisions The Court has a clear impact on political life and the extent to which political reality clearly influencesits its decisions.                                The most important issue is the formative and organizational aspect of the constitutional text. The mechanism for the formation of the court must be determined in the Constitution's texts, not by law establishing the ordinary legislator.  Therefore, the Federal Court's First Amendment Act was unable to keep pace with legislative developments. It has created many legal problems that have become controversial and negatively reflected on the political reality in the country.  Thus, he did not develop a radical solution to the problem, but rather came up with real-time treatments; Therefore, the most important recommendations made are the need to regulate the composition of the Federal Court in the texts of the Constitution. With the need to legislate a new law that addresses problems and imbalances in the amended law, its provisions are consistent with the provisions of the Constitution in order to ensure the Court's independence from other authorities Ensuring that the State's public authorities abide by the provisions of the Constitution by exercising their primary role in oversighton on  the constitutionality of laws.