The college of law at the University of Baghdad discussed the doctoral dissertation in the public law of the student (Ali Obaid Thoni), tagged with (the philosophy of the diversity of means of communication of the Constitutional Court with the lawsuit and its impact on the control over the constitutionality of laws-a comparative study), on Thursday, 17/10/2024 on the conference hall at the college.
The dissertation aimed to stand at the means of response and demonstrate its effectiveness
It is unwise to deprive the Federal Supreme Court of its original jurisdiction and the lack of access and the prevalence of mechanisms and procedures for raising a lawsuit, whether by arguing unconstitutionality or by referring to a large part of the judiciary staff, which made raising the lawsuit through the means of judicial referral of unconstitutionality and the subsidiary argument of unconstitutionality few, if it is not rare.
The dissertation included three chapters, the first of which dealt with the original direct lawsuit, the second chapter dealt with the referral from the dispute judge, and the third chapter dealt with the response of the Constitutional Court.
The dissertation came up with several recommendations, the most important of which is the introduction of jurists to the formation of the Federal Supreme Court, as is the case in the Arab Republic of Egypt, we call on the Iraqi legislator to provide for the means of communication of the Federal Supreme Court with the constitutional case under explicit provisions in the Constitution and organize the details of those means in the texts of the court law, inviting the Iraqi legislator to follow the approach of his Egyptian and Kuwaiti counterpart by providing for the establishment of a board of Commissioners of the Federal Supreme Court in Iraq consisting of Jurists and experts in the field of constitutional jurisdiction to prepare the constitutional case.
