Draft Constitution for New
IRAQ

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Part V Adjudicative Power

Article 24 Independent Courts

  1. The adjudicative power is vested in independent courts.
  2. Judges are nominated by the president and approved by the parliament. They are independent. Their office ends at time of retirement or when they lose their electoral rights.
  3. No member of the executive authority including the president has the right to final decisions in subjects referred to courts.

Article 25 Supreme Court

  1. The Supreme Court consists of 25 justices of long experience and known with honesty and wisdom nominated by the president and approved by the parliament.
  2. The Supreme Court decides issues involving this Constitution. In particular, the Supreme Court has jurisdiction over:
    1. disputes between Republic of Iraq entities concerning their respective rights and duties under this Constitution;
    2. challenges of a national or regional entity, a Court in the course of its determination, or a third of the Members of Parliament against the constitutionality of a law;
    3. claims of individuals regarding violations of their constitutional rights;
    4. popular complaints about the violation of fundamental rights;
    5. challenges of an act of a Republic of Iraq power by the Ombudsman;
    6. cases on appeal from National Courts as the Supreme Court deems necessary to review;
    7. All other cases assigned to its jurisdiction by law.
  3. Sessions of the supreme court are public unless the court decides to make them in confidence for security of public ethics or public interests provided this does not include political cases, media freedom or the rights or interests of a group of citizens where sessions are always public.
  4. Decisions of the supreme court require the absolute majority of its members.
  5. Decisions of the supreme court are directly binding for all entities of the Republic of Iraq.
  6. The office of Supreme Court Justices does not exceed a period of 15 years.

Article 26 National Courts

  1. National courts have supreme jurisdiction over review and other matters assigned to it by law.
  2. Separate national courts shall be established for private law, penal law, and general public law.
  3. The supreme court decides by extraordinary review in cases of inconsistent application of the law by different national courts.

 

 

Published 02/17/1999
Copyright © 1998 dijlafurat, All rights reserved.
Revised: 10/ 06/ 1999.