The Position of the Council of Representatives Regarding the Implementation of Some Decisions of the Supreme Federal Court

Dr. Hussein Shaalan Hamad

The decisions of the Supreme Federal Court possess the qualities of finality and binding force with respect to all authorities, pursuant to Article 94 of the Constitution of the Republic of Iraq for the year 2005. The term “finality” here means the decisions of the Court are conclusive and not subject to appeal before any other authority, including the Court itself. As for “binding force,” it is evident that this refers to the imperative of full compliance with the outcome of the Court’s decision, whether it concerns the constitutionality or unconstitutionality of a law. There may not be significant issues with adhering to rulings of constitutionality as much as with those ruling unconstitutionality, particularly regarding the boundaries, substance, timing, and both direct and indirect ramifications of such compliance.

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Arabic Version: https://www.baidarcenter.org/posts/2680