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Federal Supreme Court of Iraq

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Federal Supreme Court of Iraq
  • Arabic: المحكمة الاتحادية العليا
  • Kurdish: دادگای باڵای فێدراڵیی
Established2005
JurisdictionIraq
LocationGreen Zone, Baghdad
Authorised byConstitution of Iraq
Websiteiraqfsc.iq
President
CurrentlyMundhir Ibrahim Hussein[1][2][3]
Since29 June 2025

The Federal Supreme Court of Iraq[a] (FSC) is the apex court of Iraq within the remit of constitutional law. As a final court of appeal having the exclusive jurisdiction to interpret the Constitution of Iraq, it functions as the constitutional court. In addition to determining the constitutionality of laws and regulations, FSC reviews the application of federal laws, as well as settles disputes between the federal government, federal regions, governorates, municipalities, and local administrations. It also settles accusations directed against the President, the Prime Minister and the Ministers, and ratifies the final results of the general elections for the Council of Representatives.[4] Since 2024, the court has expanded its authorities to include the power to amend regional legislation, such as those passed by the Kurdistan Region Parliament.[5][6]

FSC is composed of a president, a deputy, and seven primary members. Federal law stipulates that proportional representation of the main components of Iraqi society must be guaranteed in the court's composition.[7] In practice, this has meant that it is composed of five Shi’i Arabs, two Sunni Arabs, and two Kurds.

History

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In 2005, the Prime Minister of the Interim Iraqi Government, Ayad Allawi, issued a decree legislating the Law of the Federal Supreme Court (Law No. 30 of 2005), granting the FSC extensive powers to determine the constitutionality of legislative and regulatory acts, arbitrate disputes between Baghdad and the regions and governorates, validate parliamentary election results, and assert exclusive jurisdiction over prosecutions against top government authorities. The Court was also given several guarantees of independence, including at the administrative and financial levels. Due to the fact that the Supreme Court at the time was established by a decree before the adoption of the new Iraqi constitution and the subsequent formation of the Council of Representatives, a separate law passed by the Council (by supermajority) that formally defines the court’s status was required to be passed, per Article 92 of the Constitution of Iraq.[8] However, in June 2021, after a string of failed attempts to reach a compromise between Iraqi political parties representing different components of the society, the Council of Representatives nevertheless passed a law (No. 25, 2021) that amended the previous one that defined the FSC, notably, without the required supermajority. The amendment gives the heads of the following: Supreme Judicial Council, Federal Supreme Court, Public Prosecutor’s Office, and Judicial Supervisory Authority together complete autonomy in selecting and designating the Court’s members by including a clause that permits bypassing the President in case the presidential decree for the selected members is not issued regardless of the reason.[9]

References

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  1. ^ "القضاء: تم مفاتحة رئيس الجمهورية لإصدار مرسوم تعيين منذر ابراهيم حسين لرئاسة المحكمة الاتحادية" (in Arabic). Iraqi News Agency.
  2. ^ "ترشيح القاضي منذر ابراهيم حسين رئيسا للمحكمة الاتحادية العليا" (in Arabic). Baghdad Today.
  3. ^ "القضاء: ترشيح القاضي منذر إبراهيم حسين رئيساً جديداً للمحكمة الاتحادية" (in Arabic). Kalima.
  4. ^ Constitution of Iraq, Section 3, Chapter 3, Article 90
  5. ^ "المحكمة الاتحادية تصدر قراراً بعدم دستورية بعض من مواد قانون انتخاب برلمان كردستان العراق" (in Arabic). Federal Supreme Court.
  6. ^ "The Shifting Landscape of Iraq's Judiciary" (PDF). London School of Economics Middle East Center.
  7. ^ "Federal Supreme Court Law No.25 2021 (Article 6)" (PDF). Ministry of Justice.
  8. ^ ”The Federal Supreme Court shall be made up of a number of judges, experts in Islamic jurisprudence, and legal scholars, whose number, the method of their selection, and the work of the Court shall be determined by a law enacted by a two-thirds majority of the members of the Council of Representatives.” (Constitution of Iraq, Article 92)
  9. ^ FSC law No. 25 of 2021, Article 5

See also

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Notes

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  1. ^ Arabic: المحكمة الاتحادية العليا, Al-Mahkamah al-Ittihādiyah al-‘Ulyā; Kurdish: دادگای باڵای فێدراڵیی
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