Abstract:

One of the tasks of the Federal Supreme Court in Iraq is to control compliance with the Constitution. The Federal High Court is both the Court of Appeal and the Constitutional Court. This court shall exercise the principle of constitutional superiority by verifying the conformity of the laws to the Constitution. However, the Iraqi Constitution does not contain any provisions relating to the judicial control of the constitutional amendments. In this case, the question of whether the Federal Supreme Court has the power to control the constitutional amendments is a major question that needs to be answered. Since the 2005 Constitution has not been amended since the date of entry into force in Iraq, the Federal Supreme Court has not made a decision on this matter. In this article, if it is considered that the Federal Supreme Court has the authority to control the constitutional amendments by using the comparative law, it is asked whether the authority to control the constitutional amendments contains and whether the authority to control the constitutional amendments contains and whether the authority to control the constitutional amendments contains or not.

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