The powers of the federal supreme court in legal supervision and interpretation on the costitutionality of laws: a case study of the Iraqi constitution 2005

The Iraqi Constitution 2005 gives the Federal Supreme Court (hereinafter referred to as “FSC”) the powers of legal supervision and interpretation on the constitutionality of laws. The FSC constitutes the apex court in the Iraqi judicial pyramid. Apart from having the powers of legal supervision and interpretation on the constitutionality of laws, the FSC equally determines the constitutionality of the executive actions. This thesis revolves around a wide range of problems such as the finality and binding nature of the decision of the FSC, the issue of which law is to prevail in case of a conflict between federal and regional law, and the composition of the members of the FSC. The main objective of this thesis is to analyse the decisions of the FSC in terms of exercising its powers of legal supervision and interpretation on the constitutionality of laws as to its finality and binding nature on all authorities. The thesis adopts a doctrinal legal and empirical research methodologies; documentary data were collected through a library based sources including relevant legislations, court cases and other resources were corroborated by primary data collected from interviews with judges of the FSC, lawyers and legal academics specialized in the area of constitutional law. The thesis concludes that the powers of the FSC in terms of legal supervision and interpretation on the constitutionality of laws are practically undermined by the Iraqi Constitution itself. Take for instance Article 61(6) seems to question the finality and binding nature of the decision of the FSC. Also, Article 121(2) appears to be in favour of a regional law in case there is a conflict with a federal law in respect to a matter outside the exclusive powers of the federal government. The thesis recommends that the Iraqi Constitution 2005 must be interpreted broadly. It is not a statute where a narrow interpretation may be justified. The Iraqi FSC is expected to determine the law, including the meaning of the Constitution.