The College of Law at the University of Baghdad discussed a master’s thesis in the public law of the student (Hala Jassim al-Amiri), tagged (the role of the Federal Supreme Court in preserving national sovereignty in Iraq), on Monday, 23/12/2024 on the model Court at the college.
The purpose of the thesis was to identify the modern general features of national sovereignty and its characteristics based on its historical development, determine the extent to which the rules for the formation of the Federal Supreme Court and its reference are related to the preservation of national sovereignty due to the utmost importance in ensuring and preserving national sovereignty, and indicate the extent to which the court’s competencies are related to the achievement of its mission in preserving sovereignty because of its direct relationship to the achievement of that mission.
The thesis included two chapters, the first of which dealt with the principle of national sovereignty and the challenges facing it, and the second chapter dealt with the position of the constitutional judiciary on national sovereignty.
The thesis came up with several recommendations, the most important of which are:
(1) calling for expanding the powers of the federal court to review international treaties and agreements before ratification to ensure that national sovereignty is not violated and to establish clear legal standards that determine how to assess the constitutionality of treaties and agreements.
(2) calling on the House of Representatives to legislate the preparation of a law that defines the framework of digital sovereignty in Iraq and includes the rights of the state to control digital data and information and protect digital infrastructure.
(3) work on finding a competent body that acts as a link between the Federal Supreme Court and both the legislative and executive authorities so that the court’s decisions on interpretation and consideration of the constitutionality of laws, treaties, and decisions of the executive authority are followed up.
(4) the need to take practical steps to ensure the independence of the federal court from political and economic pressures in the framework of achieving the rule of law.
