Federal Supreme Court of Iraq

Federal Supreme Court of Iraq
المحكمة الاتحادية العليا
Established 2005
Country Iraq
Location Baghdad
Authorized by Iraqi Constitution
Website www.iraqfsc.iq
Chief Justice of Iraq
Currently Medhat al-Mahmoud
Since 30 March 2005

The Federal Supreme Court of Iraq (Arabic: المحكمة الاتحادية العليا‎, Al-Mahkamah al-Ittihādiyah al-‘Ulyā) is the independent judicial body of Iraq that interprets the constitution and determines the constitutionality of laws and regulations. It acts as a final court of appeals, settles disputes among or between the federal government and the regions and governorates, municipalities, and local administrations, and settles accusations directed against the President, the Prime Minister and the Ministers. It also ratifies the final results of the general elections for the Council of Representatives.[1]

The court lacks a legal mandate, however, since it operates under pre-1977 Iraqi legislation.[2] Iraq's 2005 constitution in Article 92 required the setting up of such a court by 2/3 majority in the legislature. The 2/3 majority was decided upon in order to prevent a return to dictatorship and subversion of the court by executive authority in Baghdad -- as this would require significant input from various communities including Kurds and/or Arab Sunnis. It was never done, leading to a somewhat ironic result that a court with no legal standing issues rulings on the constitutional legality of various laws and actions in Iraq (rulings which unsurprisingly favor the views of the central government in Baghdad, which since 2005 has been run by various Shiite parties).[3]

History

In February 2013, the De-Ba'athification Commission decided to remove Chief Justice Medhat al-Mahmoud. Al-Mahmoud then filed a successful appeal to the cassation panel, which on 19 February 2013 failed to find any strong evidence of ties to Saddam Hussein and rejected al-Mahmoud's dismissal.[4]

References

  1. ↑ Constitution of Iraq, Section 3, Chapter 3, Article 90
  2. ↑ https://fanack.com/iraq/governance/judiciary-hanging-in-the-balance/
  3. ↑ http://cadmus.eui.eu/handle/1814/33413
  4. ↑ Sinan Salaheddin. "Iraq Panel Clears Senior Judge Over Saddam Ties". Associated Press. Retrieved 19 February 2013.


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