AL-Qadisiya Journal For Law and Political Sciences

The Role of the Federal Supreme Court in Iraq in Protecting the Principle of Constitutionality

https://doi.org/10.63677/jqlap.2025.166367.1479
Volume 17, Issue: 2 part 1
Summer 2026
Pages 131-152
AL-Qadisiya Journal For Law and Political Sciences

Document Type : Research Paper

Author

Bahjat Sabri Aqrawi

Cihan Private University in Erbil

Abstract
This study aims to examine the judicial review of the constitutionality of laws in Iraq, with a particular focus on the role of the Supreme Federal Court in exercising this review. The research addresses the legal framework regulating constitutional oversight, the methods for initiating constitutional lawsuits before the Court, and the characteristics of such oversight in terms of centralization, posterior review, and comprehensiveness. The study highlights that judicial review ensures that laws comply with constitutional provisions and protects public and private private rights, thereby reinforcing the principles of impartiality, independence, and specialization in the judiciary. The research also discusses the mechanisms for filing direct lawsuits by concerned parties or the Council of Ministers, as well as referrals from the court of first instance, either spontaneously or based on challenges raised by individuals. It underscores the Supreme Federal Court’s role as an independent judicial body exclusively authorized to adjudicate constitutional matters.
Subjects
  • Receive Date 17 October 2025
  • Accept Date 30 October 2025

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