The Official Journal for College of Law and Political Science, Alnoor University

the problem of interpreting constitutional articles in iraq: a study of the role of the federal supreme court

Volume 3, Issue 2
Spring 2026
Pages 133-150

Document Type : Original Article

Author

College of Law\ Mosul University

Abstract
This research discusses the role of the Federal Supreme Court in interpreting constitutional articles with the aim of shedding light on the main role assumed by the court in ensuring the constitutionality of laws and the validity of constitutional procedures, and the problem was to show the extent to which the court is able to fulfill its interpretative jurisdiction for constitutional texts that include constitutional omissions, by analyzing some decisions related to the constitutional omission contained in the constitution while shedding light on the challenges faced The court''s performance of this role since its establishment until the present time, and the extent of its impact on the political and constitutional scene, such as the interpretation of the concept of the "largest bloc", Article 140, and other cases of constitutional omissions. The research concluded that despite the importance of the role of the Federal Court, it faced multiple challenges related to its weak independence, the absence of a clear interpretive methodology, and its influence on political tensions, which led to the issuance of controversial interpretations. In the conclusion of the research, a number of suggestions were presented, including amending the Court''s law to enshrine its independence, defining the standards of interpretation, preventing political employment, enhancing transparency, and others.

Keywords

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  • Receive Date 27 February 2026
  • Revise Date 01 April 2026
  • Accept Date 19 April 2026
  • Publish Date 01 June 2026