The Role of the Federal Supreme Court in Protecting Rights and Freedoms in Iraq

Rights and freedoms were considered the focus of the Federal Supreme Court’s attention, and it is imperative that human rights and freedoms stipulated in the constitution and national laws, and the international community agree to protect them, are guaranteed to every citizen. However, the constitutional texts related to the formation and jurisdiction of the Federal Supreme Court were not at the required level, as well as the texts contained in Order No. (30) for the year 2005 and its internal system, which affected the independence of the court through its continuous reluctance to consider requests and disputes due to lack of jurisdiction, and its continued reversal in its decisions. Which affected the political scene in the country, and the sobriety of its provisions, and thus destabilized the constitutional and legal status of the court and the importance of its protection of rights and freedoms. Therefore, we discussed the role of the Federal Court in protecting the rights and freedoms stipulated in the Constitution and national laws, being the mainstay in repelling any violation of these rights and freedoms. We also analyzed the decisions to show their suitability for the protection of rights and freedoms. In order to become familiar with all aspects of the research, we prepared it on the historical, analytical, applied and inductive method, as the main question was to search for what is the role of the Federal Supreme Court in protecting public rights and freedoms in Iraq. It is expected to shed light on some decisions of the Federal Supreme Court that did not respond to human rights and freedoms, which poses a serious threat to undermining democracy in Iraq. And its law, whose articles contradict some articles of the constitution, and the legal problems in the court’s internal system. Which will make this research a road map for the Iraqi legislator towards legislating the new law for the Federal Supreme Court, avoiding in it all the gaps that will be raised in the folds of the research. The research reached several results, the most important of which was that the delay in legislating the law of the Federal Supreme Court is considered a major defect and the legislator must avoid it because it is not commensurate with its role, and to emphasize the legislator’s commitment to the limits of the competencies set for him. And that any influence on the Federal Court will weaken its role, and the large number of reversals in a short period of time would threaten the mandatory decisions. The lack of a unified approach in interpreting the constitutional texts led to the failure of the court in some of its decisions to protect rights and freedoms, which led to criticism from legal scholars.