Acceptance of the Public Interest in the Judiciary of the Federal Supreme Court in Iraq
DOI:
https://doi.org/10.35246/dg0yt583Keywords:
Constitutional Judiciary, Interest, Federal Court, Public InterestAbstract
This research addresses the public interest within the framework of constitutional law, as some constitutional courts, including the Federal Supreme Court in Iraq, have tended to accept the public interest and replace it with personal interest in appeals filed regarding the unconstitutionality of laws or regulations or the invalidity of federal decisions or procedures.
This research tries to show the standards followed by the court regarding the acceptance of public interest in Iraq, which were represented by election laws, legislative omissions, and public prosecution appeals, in addition to analyzing the judicial trends of the Federal Supreme Court in the decisions issued by it regarding appeals submitted by members of the House of Representatives, as they are representatives of the people. Reviewing the constitutional and legal arguments and grounds on which the court relied in accepting the public interest as a condition for appeal and abandoning it in modern trends.
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References
First: Books
I. Ibn Manzur, Abu Al-Fadl Jamal Al-Din Muhammad bin Makram, Lisan Al-Arab, Dar Ihya Al-Turath Al-Arabi, Beirut, 1988.
II. Ramzi Saif, Civil and Commercial Procedural Law According to Kuwaiti Law, Faculty of Law and Sharia, 1974.
III. Shab Touma Mansour, Administrative Law (Comparative Study), Part I, Salman Al-A'zami Press, Baghdad, 1975.
IV. Safaa Shakir Mahmoud, Abuse of Administrative Discretionary Power (Comparative Study), New University House, Alexandria, 2011.
V. Ali Hadi Atiyah Al-Hilali, Summary of Constitutional Judiciary and Its Applications in the Decisions of the Supreme Federal Court and the Supreme Constitutional Court, Al-Masila Publishing, Baghdad, 2023.
VI. Ali Hadi Atiyah Al-Hilali, Elucidating the Subjective Nature of the Interest Requirement in Initiating Constitutional Lawsuits (Analytical Comparative Study), Arab Center for Publishing and Distribution, Cairo, 2018.
Second: Theses and Dissertations
I. Abrar Mohammed Hussein Zainil, Balancing Private and Public Interest in Light of Criminal and Constitutional Law, Master's Thesis, Faculty of Law and Politics, University of Basrah, 2014.
II. Robar Majid Ahmed, Mechanism and Conditions for Initiating Constitutional Lawsuits Before the Supreme Federal Court in Iraq, Master's Thesis, University of Sulaimani, Faculty of Law, 2020.
Third: Research Papers and Articles
I. Ali Mohammed Redha Al-Hashemi, Public Interest from the Perspective of Administrative Judiciary, published in Al-Qadisiyah Journal of Law and Political Science, Issue 2, September 2024.
II. Fares Ali Omar Al-Jarjari, Preventive Public Interest in Judicial Work (Analytical Comparative Study), published in the Journal of the College of Law for Legal and Political Sciences, Vol. 11, Issue 43, 2022.
III. Musadaq Adel, Constitutional Public Order and Its Applications Under the Constitution of the Republic of Iraq 2005, published in the Journal of Legal Sciences, Issue 2, 2022.
IV. Musadaq Adel, Commentary on the Supreme Federal Court Decision No. (36/Federal/2014) Issued on 24/6/2014 Regarding the Cancellation of Some Retirement Salaries, Journal of Legal Sciences, College of Law – University of Baghdad, Issue 1, 2015.
V. Nabil Adeeb Abdullah, Personal Interest in Public Affairs Lawsuits, article published on 20/3/2016 on the following link: https://sudaneseonline.com
Fourth: Legislation
A. Constitutions
I. Constitution of the Republic of Iraq, 2005.
II. Constitution of South Africa, 1996.
III. Constitution of Kenya, 2010.
B. Laws
I. Law of the Supreme Federal Court No. (30) of 2005 as amended by Law No. (25) of 2021.
II. Law of the Council of Representatives and Its Formations No. (13) of 2018.
C. Internal Regulations
1. Internal Regulation of the Supreme Federal Court No. (1) of 2022.
Fifth: Decisions Issued by the Supreme Federal Court
I. Decision No. (140 and its unification 141/Federal/2018) issued on 23/12/2018.
II. Decision No. (6/Federal/2010) issued on 3/3/2010.
III. Decision No. (87/Federal/2013) issued on 16/9/2013.
IV. Decision No. (49 and its unification 83/Federal/2022) issued on 21/9/2022.
V. Decision No. (43/Federal/2022) issued on 22/2/2022.
VI. Decision No. (73 and its unifications 79, 89, 103, 104, 114, 118, 144, 145/Federal/2023) issued on 28/8/2023.
VII. Decision No. (325 and its unification 331/Federal/2023) issued on 13/3/2024.
VIII. Decision No. (161/Federal/2021) issued on 21/2/2022.
IX. Decision No. (105 and its unification 194/Federal/2023) issued on 4/9/2023.
X. Decision No. (9/Federal/2023) issued on 14/11/2023.
XI. Decision No. (84/Federal/2022) issued on 12/5/2022.
XII. Decision No. (32/Federal/2016) issued on 7/6/2016.
XIII. Decision No. (72/Federal/2021) issued on 20/10/2021.
XIV. Decision No. (187/Federal/2021) issued on 29/12/2021.
XV. Decision No. (95/Federal/2023) issued on 16/7/2023.
XVI. Decision No. (43/Federal/2021) issued on 22/2/2021.
XVII. Decision No. (15/Federal/2018 and its unifications 16, 17, 18, 19, 20/Federal/2018) issued on 29/1/2018.
XVIII. Decision No. (11/Federal/2010) issued on 11/3/2010.
XIX. Decision No. (36/Federal/2014) issued on 24/6/2024.
XX. Decision No. (67/Federal/2021) issued on 29/9/2023.
XXI. Decision No. (56/Federal/2016) issued on 23/6/2016.
XXII. Decision No. (43/Federal/2021) issued on 22/2/2022.
XXIII. Decision No. (73 and its unifications 79, 89, 103, 104, 114, 118, 144, 145/Federal/2023) issued on 28/8/2023.
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