The authenticity of the decisions of the Federal Supreme Court: absolute power and a vital role in maintaining the legal system
The Jurist Raid Al-Baldawi - Vice President of the Property Claims Commission
In democracies, the judiciary is a key pillar for guaranteeing citizens' rights and safeguarding the constitution. In Iraq, the Federal Supreme Court is a symbol of these considerations.
The absolute authenticity of its decisions is a central element in ensuring the stability of the legal system and in protecting the Constitution. Not only are these decisions final and binding, but their authenticity is absolute. This means that it is not amenable to appeal or objection, and therefore, its impact goes beyond the mere case before the court. The absolute authenticity of decisions guarantees that the Federal Supreme Court is the final voice in legal and constitutional matters. Its decisions take final legal form and are often considered a source of the same law, relying on them to clarify and interpret the provisions of the constitution and other laws.
In this context, Article 94 of the Iraqi Constitution highlights the importance of the decisions of the Federal Supreme Court in a manner that does not accept interpretation or controversy. The article clearly states that "the decisions of the Federal Supreme Court are final and binding on all authorities." This sentence, in all its simplicity, carries a strong message and shows the great weight of these decisions. Thanks to this article, the decisions of the Court become the main reference governing decisions and legislation followed in the State.
This constitutional assertion demonstrates the strength and importance of the decisions of the Federal Court. They are not just judicial decisions but represent the will of the Constitution itself. Any decision made in the light of this Article shall be implemented immediately, in the service of the protection of the Constitution.
But, what makes the authenticity of the decisions of the Federal Supreme Court so important? It is, simply speaking, the point of balance in a democratic system. Without decisive and binding judicial decisions, the democratic system may be jeopardized by conflicting interpretations and differences regarding the application of the law.
In light of the complicated challenges that Iraq may face, the authenticity of the decisions of the Federal Supreme Court is more important than ever. With potential threats to national security, or political and economic crises, the country must rely on a well-established judiciary that ensures that all authorities abide by the constitution and the law.
The independence of the Federal Supreme Court also gives citizens confidence in the judicial system. Despite potential political pressure, the Court remains committed to providing impartial and objective justice. In this way, the Court contributes to building citizens' confidence in the State and its institutions and promotes a sense of justice and equality before the law.
At the international level, the authenticity of the decisions of the Federal Supreme Court contributes to enhancing Iraq's image and standing among States. When Iraq demonstrates respect for the principles of the rule of law and human rights by following the Court’s directives, it achieves international recognition and respect for the country.
In the end, it can be said that the authority of the decisions of the Federal Supreme Court represents one of the most important pillars that ensure that Iraq continues on the right path toward progress and prosperity. It is an absolute force that protects the Constitution, guarantees the rights of citizens, and acts as the guardian of the country's legal system.