The Position and Powers of the Federal Supreme Court in Iraq: Constitutional and Legal Challenges (2004-2022)

Abstract

This research analyzes the position, structure, and transformation of the Federal Supreme Court in Iraq, examining the constitutional and legal challenges it has faced from its establishment to the 2021 law. The core problem lies in the gap between the constitutional text and the laws in force. Using an analytical-descriptive method, the study relies on constitutional texts, laws, and the court’s own influential decisions.

The results indicate that the court's operation under Law No. 30 of 2005 created a legitimacy crisis. Furthermore, the 2021 law, while resolving composition issues, introduced a new violation by neglecting Article 92 (II) of the Constitution, which mandates the participation of experts in Islamic jurisprudence (Fiqh) and law. The research concludes that the court has evolved from a constitutional guardian into a potent political actor, whose expanding authority in constitutional interpretation has a profound impact on the balance of powers and the future of Iraq's federal system.