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Evaluating and Developing Constitutional Review in Iraq; A Comparative Analytical Study
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Ahmad Ali Hassan Al Khezr1   , Mahdi Rajaei2 |
1- PhD Student of Public Law, Faculty of Law, University of Qom, Qom, Iran.
2- Assistant Professor, Faculty of Law, University of Qom, Qom, Iran. |
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Abstract: (11 Views) |
| This study examines constitutional review in Iraq, focusing on the jurisdiction of the Federal Supreme Court, judicial independence, access to constitutional adjudication, and the effects of its decisions on legislation, rights, and legal positions. It asks whether the constitutional, statutory, and procedural framework provides effective protection while preserving the allocation of jurisdiction and legal certainty. The study adopts a descriptive, analytical, and comparative method. It examines Iraq’s 2005 Constitution, Federal Supreme Court Law No. 30 of 2005 as amended by Law No. 25 of 2021, and Internal Regulations No. 1 of 2025. French and German arrangements inform the comparison of referrals, constitutional complaints, prior review, and the effects of judgments. The findings show that multiple means of raising constitutional questions remain compatible with centralized adjudication, and that direct actions available to individuals in Iraq differ from Germany’s broader constitutional complaint. The study highlights the need to reassess procedural criticism after the repeal of the 2022 regulations, strengthen institutional safeguards, and clarify the temporal effects of decisions and changes in judicial principles. It also distinguishes constitutional examination within the legislative process from binding judicial review before promulgation, which requires a clear constitutional basis. The study recommends improving access in fundamental-rights cases, prioritizing questions affecting personal liberty, and assessing criminal and emergency legislation against legality, proportionality, and protection of the essence of rights. |
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| Keywords: Constitutional Review, Federal Supreme Court, Judicial Independence, Constitutional Proceedings, Rights and Freedoms. |
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Full-Text [PDF 663 kb]
(13 Downloads)
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Type of Study: Research |
Subject:
Special
Received: 2026/10/12 | Accepted: 2026/02/20 | Published: 2026/02/20
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