The Jurisdiction of The Supreme Constitutional Court in Relation to Disputes and The Formation of Parliament Under the Iraqi Constitution Of 2005

Mohammad Taha Hussein AL-Husseini
Keywords: Federal Supreme Court, Jurisdictions, Appeals, Conflict of jurisdiction ,

Abstract

In most cases, the constitutions grant the constitutional judiciary jurisdiction in many areas, including its jurisdiction to consider and resolve disputes that occur between the higher authorities of the state, such as disputes between one of the federal authorities and the regions in the federal state. It also considers some types of conflict of jurisdiction, determining the competent authority, and the accusations against some members of the executive authority, in addition to it interfering with the formation of the legislative authority in some respects. Where the constitutional judiciary exercises multiple competencies, and it can be divided into two main parts. The first is its jurisdiction in relation to constitutional texts, such as its jurisdiction to control the constitutionality of laws, or its jurisdiction in interpreting the constitution. While the second is its jurisdiction in what is not related to constitutional texts, such as its jurisdiction to settle disputes and conflicts and the like. The scope of the research was limited to the second section of the terms of reference without the first, our research dealt with the constitutional judiciary in Iraq in accordance with the Constitution of 2005, for that purpose the descriptive and analytical approaches were used.