The legal system of the Federal Supreme Court in Iraq is a comparison study with the Guardian Council in Iran

Author:
Amal Muhammad Wahid
Level:
Master
Field of study:
Low
Language:
Arabic
Faculty:
Faculty of Law
Year:
2021
Publisher:
URD Press
Supervisor(s):
Hussein Jawan Arash

The research dealt with the legal system of the Federal Court compared to the Guardian Council, in four chapters, and after the end of each chapter the most important things were summarized and concluded, then the conclusion and it included conclusions and recommendations, and the concepts were the share of the first chapter, and in the second their organizational structure and in the third their functions and tasks And their independence, and in the fourth they were evaluated, and to identify the convergences and divergences in them.

Among the most prominent strengths in the formation and work of the court is the granting of the judicial capacity and granting it financial and administrative independence, and its nature as a federal and constitutional supreme court.

As for the most prominent weaknesses in it, it lies in its submission to political administrations, the lack of adequate guarantees for the independence of its members, and their inability to be removed from office.

Whereas, the most prominent strengths inherent in the council were the issue of oversight and its methods of decisions related to the Shura Council, interpretation and lifting of contradictions, and the important role of the juridical and legal structure.

As for the weaknesses of the council, it is not a court of law, but rather its duty to interpret the constitution, monitor elections, monitor constitutional laws, and preserve Sharia rulings.

         The problematic of this research revolves around the answer to a major question, namely: What is the legal system for the Supreme Federal Court in Iraq compared to the Iranian Guardian Council?

The research aims at two things:

The first: To explain the legal system of the Federal Supreme Court in Iraq and the Guardian Council in Iran in order to clarify the preferences of the formation and functioning of each of them and the extent of the powers that each of them enjoy under the laws and legislations, and the role they have in monitoring the constitutionality of laws.

The second: In comparison to the most important characteristic of modern democratic countries in the independence of the judiciary; Because the independence of the judiciary in all countries in the world guarantees the protection of human rights and the building of a strong, stable and economically, socially and culturally prosperous state, and it guarantees the civil, political, social and economic rights of individuals.