The discretionary power of the Federal Supreme Court to veto the decisions of the President of the Republic

The discretion authority granted to the courts  is extremely important and dangerous and must be placed in the proper place to achieve justice، as it is a mandate and a responsibility that must be used for the best legal use to achieve the legislator’s goal Although it has a greater field of authority، it is not absolute because it is limited to the lower and upper limits imposed by the legal text The Federal Supreme Court shall carry out its activities in accordance with the law, and within the limits of that it has a discretionary authority by addressing the consideration of the constitutionality of legislation at all levels. and the Federal Supreme Court. Using its discretion، it has the power to interpret the decisions issued by the President of the Republic. Although the Iraqi legislator did not stipulate the jurisdiction of the Federal Court to interpret the legal texts، through extrapolating the legal texts، it becomes clear to the researcher that the Federal Supreme Court has the jurisdiction to interpret the constitutional texts، which is the supreme law in the country. It must have the authority to interpret the minimum texts including laws، instructions، and orders that issued by the President of the Republic. The implementation of the work of the discretion authority of the Federal Court in annul the decisions of the President of the Republic is done by initiating a direct lawsuit for the Federal Court. In this way، the request is introduced for the abolition of legislation that، contrary to the constitution by moving an original suit rather than request before the court through considering the dispute. If the court ascertains the unconstitutionality of the text، it will decide to repeal it، with retroactive effect، and for all. I followed the descriptive-analytical approach through in-depth analysis of the constitutional texts and decisions issued by the Federal Court

From all of the foregoing، it becomes clear to us that the Federal Court has the authority to confront the decisions issued by the President of the Republic، and it has the right to cancel them or judge their validity، according to what those decisions were issued and the reasons on which the court relied.