This research aims to clarify the role played by the Federal Supreme Court of Iraq in establishing the principles of criminal justice through exercising constitutional oversight over criminal laws and procedures, as it is the competent authority responsible for protecting the Constitution and safeguarding public rights and freedoms. The importance of this research lies in highlighting the extent to which the Court contributes to ensuring the principle of criminal legality, protecting the rights of the accused, and achieving a balance between the State’s authority to impose punishment and the constitutional guarantees granted to individuals.
The research also addresses the concept of constitutional oversight and its legal basis within the Iraqi constitutional system, while analyzing the jurisdiction of the Federal Supreme Court in reviewing the constitutionality of criminal legislation and explaining the impact of its decisions on strengthening fair trial guarantees, preserving the presumption of innocence, and preventing arbitrariness in the application of penal provisions. Furthermore, the study discusses the most significant practical challenges facing the Court in performing its supervisory role and the extent to which these challenges affect the achievement of criminal justice and the rule of law in Iraq.
The research concludes that the constitutional oversight exercised by the Federal Supreme Court represents one of the most important constitutional safeguards for the protection of rights and freedoms, and that strengthening the Court’s role and developing its oversight mechanisms contribute directly to supporting criminal justice and consolidating the State of law and institutions.