The Federal Supreme Court’s Oversight of Elections and its Power to Legislate in Accordance with Iraqi Laws

Despite the adoption of democratic mechanisms in the peaceful transfer of power, the practical experience showed the government’s great inability to perform the tasks entrusted to it, such as achieving development, providing services and the widespread phenomenon of administrative and financial corruption, which forced the convicts to pressure by various means to achieve comprehensive reform. Indeed, the government responded to the idea of reform, and issued it with a number of decisions approved by the Council of Ministers, and approved by the House of Representatives at first sight. These reforms caused damage to some government positions, which prompted those affected to resort to the Federal Supreme Court and demand it to examine the constitutionality of those decisions, and their compatibility with the provisions of the Constitution. As the final word on that was for the Federal Supreme Court, by deciding on the unconstitutionality lawsuits filed before it and related to those decisions, and it ruled the constitutionality of part of them and the unconstitutionality of the other part, which requires us to shed light on the ability of this court to issue rulings commensurate with the idea of constitutionalism or deviate from it Or, it established new provisions that amended the provisions of the Constitution. Therefore, this study proceeded to search for the role of the Federal Supreme Court in aiding the government in carrying out government reforms, and whether it assisted it in carrying out those reforms? Or has it obstructed it through its adherence to the literalism of the constitutional texts? Or, has the Federal Supreme Court delved deeply into the substantive content of the constitution’s texts without restricting the letter of those texts? Taking into account the extent to which there is an objective conflict between the reformist government’s decisions and some constitutional texts, and that this argument reflects the deviation of some constitutional texts of the reform movement, and that some These texts are what caused the waste of public money through unjustified exaggeration of executive positions, and legitimizing the creation of some of them not for economic feasibility, but with the intent of political satisfactions.