The Constitutional Organization for the formation of the federal Supreme Court between the provisions of the effective constitution of the Republic of Iraq for 2005 AD and the applied reality

Abstract

        This research is concerned with addressing the problem of the constitutional organization of the formation of the Federal Supreme Court, as it deals with the constitutional texts that relate to the formation of the court in the light of the provisions contained in this regard in the texts mentioned in the "State Administration Law 2004 AD", and in the provisions that include the "Constitution of the Republic of Iraq in force for the year 2005 AD" .So we started the research by addressing the formation of the court in the light of the provisions of the old constitutions of Iraq. Most of the Iraqi constitutions before 2003 AD neglected to mention the establishment of an effective and real Supreme Court concerned with adjudicating the constitutionality of laws, regulations, instructions and decisions issued by the two executive and legislative authorities since the establishment of the Iraqi state in the year 1921 AD. With the exception of the Iraqi Basic Law of 1925 AD and the Constitution of 1968 AD.As for after the invasion of Iraq by the American forces and allied countries in the year 2003 AD, there are two phases in which the formation of the court was mentioned. The saree is currently working .Our research looks at the extent of compatibility be "tween constitutional texts and provisions, or not, between the formation of the court in the light of the provisions of our applied constitution 2005 AD and its current formation within the "current Federal Supreme Court Law in accordance with Order No. Knowing the legal basis for the validity of the current court law despite the 2005 constitution entering into force nearly eighteen years ago. Important recommendations that we hope to be taken by the concerned authorities.