Conflict of Jurisdiction Over Interpretation of the Law Between the Federal Supreme Court and the Administrative Judiciary in Iraq

The explanation law topic is considered as a renewable topic, whether that is on the academic or practical standard, and for this, a current study is conducted to tackle a topic that considered an important precision and complicated topics at the Iraqi law system, this issue is arguing the specialization in legal provisions explanation between Federal Supreme Court and Administrative judiciary of Iraq representative via the Iraqi council. This study aimed to highlight on the executive (formal) and substantive rules that was established by the State Consultative Council (no.65) year 1979 modified via state council law (no. 71) year 2017, that is in terms of the statement of the competent authority for interpretation and its implementations and the required provisions to the application, additionally, representing and discussing arguments and constitutional and legal foundations that assigned via federal supreme court in its numerous decisions which is acquired from it, and it was kept via laws texts explanation, with stating of standards and conditions that implemented by the court and Federal Supreme Court law statement (no.30) for year 2005 and modified on (no.25) for year 2021, and the internal system statement for the Federal Supreme Court (no.1) for year 2022. The researcher aims through the study to determine the scope of competence of both the constitutional judiciary and the administrative judiciary in Iraq regarding the interpretation of the texts of the law and to try to remove the contradiction, that occurs in practice as a result of both sides retaining their right to interpret the texts of the law. Which led to the occurrence of conflicts in the interpretation of the texts of the law in some cases. The cases dealt with in our study, through the use of the analytical and descriptive approach to reach the desired objectives of the study. Which aims to draw the parameters of the interpretation of the texts of the law and surround them with controls that guarantee the proper application of separating the competences, and tasks of the constitutional judiciary from the functions and competencies of the administrative court. Then we ended the study with a conclusion that represents the most important conclusions we reached, including the absence of precise legal regulation of the work and procedures of the Federal Supreme Court about its interpretive jurisdiction over the provisions of the law. As well as the existence of legislative shortcomings regarding the conflict of jurisdiction between the Federal Supreme Court and the State Council about issues related to the interpretation of the law, which is Which necessitates reaching legislative solutions that address this problem in Iraq.