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Constitutional court and its role in establishing and protecting the federal system in Iraq (analytical Comparative study)

Cycle of study:ماستەر Master 

Title in English:
 Constitutional court and its role in establishing and protecting  the federal system in Iraq (analytical Comparative study)
Title (in original language): القضاء الدستوري ودوره في ترسيخ النظام الاتحادي وحمايته في العراق (دراسة تحليلية مقارنة)
Thesis\Dissertation Language: عربی Arabic

Author(s): بيوار عبدالرحيـم محمدأمين
Supervisor(s): أ.م.د عبدالفتاح عبدالرزاق محمود

University: Soran University
Facultyفاکەڵتی یاسا، زانستە سیاسییەکان، و بەڕێوەبردن Faculty of Law, Political Science, and Management
Department: قانون
Field of study: قانون العام
Year of completion: 2020 

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Abstract in English: 
The constitutional organization of Iraq has witnessed a great qualitative development since the issuance of the Law of Administrating the State of Iraq for the Transitional Phase in 2004, which changed the form of Iraq regime from a simple central state to a federal state following a system of government which is federal, democratic, pluralistic, and the authority would be shared by the Federal government, regional government, governorates, provinces, and local administrations, according to the 2005 constitution. Accordingly, the Federal Supreme Court has been established and tasked with protecting and maintaining the constitution through the tasks entrusted to it, including the protection of the federal democratic system. Based on being the highest constitutional judicial authority that guarantees the protection of constitutional legality on the one hand and the protection and guarantee of individuals ’rights, freedoms and constitutional demands. In addition to the authority of the inherent competence granted to it under the 2005 constitution in Article (93 / second) to be the only official formally competent to interpret the provisions of the constitution and clarify its purposes. Since the subject of the federal system has been subject to many interpretations and purposes in a large part of it political, there is a problem between political interference and interpretations of the Federal Court and its legal and political purposes. We have sought to clarify and clarify the role of the Federal Supreme Court and the impact of its decisions on consolidating and protecting the federal system in accordance with the constitution, away from political interference and its purposes, using federal (federal) experiences in the United States of America and Federal Germany with a comparative analytical study, through which the aim is to define the features of the federal system in Iraq and compare it to the system across multiple classes and topics of study.e The study has come up with several conclusions, the most important of which is that the legal presence of the Federal Supreme Court derives from the Law of establishing the Court No. (30) of the year 2005, which is still in force in accordance with Article 130 of the Constitution. From the constitution and amending its competencies in the law of its establishment, however, some of the court’s interpretative decisions regarding the powers and powers of regions and governorates have not organized in a region came in a way that does not serve the establishment or protection of the federal system, and some of them came in obscurity and incompatibility, which made it difficult to reach the features of the union system In Iraq or its description.