Federal Supreme Court of Iraq
{{Short description|Constitutional court of Iraq}}
{{Infobox high court
|court_name = {{nowrap|Federal Supreme Court of Iraq}}
| native_name = {{ubl|{{langx|ar|المحكمة الاتحادية العليا}}|{{langx|ku|دادگای باڵای فێدراڵیی}}}}
| image = Seal of Federal Supreme Court of Iraq.png
| imagesize = 250px
| established = 2005
| jurisdiction = Iraq
| location = Green Zone, Baghdad
| coordinates =
| type =
| authority = Constitution of Iraq
| terms =
| positions =
| website = {{URL|https://www.iraqfsc.iq/|iraqfsc.iq}}
| chiefjudgetitle = President
| chiefjudgename = Mundhir Ibrahim Hussein{{cite web|url= https://ina.iq/ar/political/237608-.html|title= أصدرت رئاسة الجمهورية، اليوم الأثنين، مرسوماً جمهورياً بتعيين القاضي منذر إبراهيم حسين رئيساً للمحكمة الاتحادية العليا. |publisher=Iraqi News Agency|language=ar}}
| termstart = 31 June 2025
}}
The Federal Supreme Court of Iraq{{efn|{{langx|ar|المحكمة الاتحادية العليا}}, Al-Mahkamah al-Ittihādiyah al-‘Ulyā; {{langx|ku|دادگای باڵای فێدراڵیی}}}} (FSC) is a financially and administratively independent judicial body and the apex court within the remit of constitutional law. As the final court of appeal having the exclusive jurisdiction to interpret the provisions of the Constitution of Iraq, it effectively functions as the constitutional court. In addition to determining the constitutionality of laws and regulations, FSC reviews the application of federal laws, as well as settles disputes between the federal government, federal regions, governorates, municipalities, and local administrations. It also settles accusations directed against the President, the Prime Minister and the Ministers, and ratifies the final results of the general elections for the Council of Representatives.Constitution of Iraq, Section 3, Chapter 3, Article 90 Since 2024, the court has expanded its authorities to include the power to amend regional legislation, such as those passed by the Kurdistan Region Parliament.{{cite web|url=https://www.iraqfsc.iq/news.5121/|title=
المحكمة الاتحادية تصدر قراراً بعدم دستورية بعض من مواد قانون انتخاب برلمان كردستان العراق|publisher=Federal Supreme Court|language=ar}}{{cite web|url=http://eprints.lse.ac.uk/127311/1/Shifting_Landscape.pdf|title=The Shifting Landscape of Iraq’s Judiciary|publisher=London School of Economics Middle East Center}}
FSC is composed of a president, a deputy, and seven primary members. Federal law stipulates that proportional representation of the main components of Iraqi society must be guaranteed in the court's composition.{{cite web|url=https://www.moj.gov.iq/upload/pdf/4635.pdf|title=Federal Supreme Court Law No.25 2021 (Article 6)|publisher=Ministry of Justice}} In practice, this has meant that it is composed of five Shi’i Arabs, two Sunni Arabs, and two Kurds.
History
In 2005, the Prime Minister of the Interim Iraqi Government, Ayad Allawi, issued a decree legislating the Law of the Federal Supreme Court (Law No. 30 of 2005), granting the FSC extensive powers to determine the constitutionality of legislative and regulatory acts, arbitrate disputes between Baghdad and the regions and governorates, validate parliamentary election results, and assert exclusive jurisdiction over prosecutions against top government authorities. The Court was also given several guarantees of independence, including at the administrative and financial levels. Due to the fact that the Supreme Court at the time was established by a decree before the adoption of the new Iraqi constitution and the subsequent formation of the Council of Representatives, a separate law passed by the Council (by supermajority) that formally defines the court’s status was required to be passed, per Article 92 of the Constitution of Iraq.”The Federal Supreme Court shall be made up of a number of judges, experts in Islamic jurisprudence, and legal scholars, whose number, the method of their selection, and the work of the Court shall be determined by a law enacted by a two-thirds majority of the members of the Council of Representatives.” (Constitution of Iraq, Article 92) However, in June 2021, after a string of failed attempts to reach a compromise between Iraqi political parties representing different components of the society, the Council of Representatives nevertheless passed a law (No. 25, 2021) that amended the previous one that defined the FSC, notably, without the required supermajority. The amendment gives the heads of the following: Supreme Judicial Council, Federal Supreme Court, Public Prosecutor’s Office, and Judicial Supervisory Authority together complete autonomy in selecting and designating the Court’s members by including a clause that permits bypassing the President in case the presidential decree for the selected members is not issued regardless of the reason.FSC law No. 25 of 2021, Article 5
References
See also
Notes
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External links
- [http://constitutionaltransitions.org/publications/constitutional-courts-after-the-arab-spring/ Constitutional Courts after the Arab Spring]
{{Asia topic|Supreme Court of|title=Supreme Courts of Asia|countries_only=yes}}
Category:2005 establishments in Iraq
Category:Courts and tribunals established in 2005
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