The nature of the Federal High Court Law and its substantive rules

Doi:https://doi.org/10.37940/JRLS.2022.3.1.4

Abstract

The Iraqi constitution 2005 referred many issues to the normal law in order to organize them; including the Federal High Court Law which considers an essential legislation, differs from the rest of the ordinary law due to the formal standard as it is indicated in the Constitution. The independent nature of the federal court according to the constitution requires to be respected and ensures its stability away from the balance between the components, as there is no constitutional basis for it. The Federal High Court Law draft of 2015 cannot be adopted because of the wide interference of the political authority in the formation of the court، as well as the expanding the role of legal scholars and Islamic jurisprudence experts. Thus, any law for the court must include a clear mechanism for contribution of territories in the formation of the court and in giving opinion about its law. Moreover, the Supreme Judicial Council Law No. 45 of 2017 must be amended in the way which makes the high Federal court is linked in the council.