The College of Law at the University of Baghdad discussed a master’s thesis in the Public Law branch of student Saif Karim Jassim, tagged with (Modern judicial trends in reversing the rulings of the Federal Supreme Court – a comparative study), on Sunday 11/20/2022 in the conference hall in the college.
The discussion committee consisted of Messrs. Dr. Muhammad Uloom Muhammad as Chairman, Prof. Dr. Majid Najm Aidan as a member, Dr. Sari Harith Abdul Karim as a member, Assistant Professor Dr. Mosaddeq Adel Talib as a member and supervisor.
This thesis aims at the need to harmonize between the theoretical and practical rules of constitutional judiciary, the most important of which is the principle of changing rulings with the change of times, as practical considerations necessitate respect for the absolute authenticity of court decisions with the need to keep pace with previous rulings with community developments and emergency political and social changes, in a way that guarantees legal stability and protection Public rights and freedoms.
The thesis also included two chapters, the first of which dealt with the nature and types of abandoning constitutional rule, and the second chapter dealt with the substantive rules of constitutional abandonment and its implications.
The most important recommendations reached by the study is to amend the text of Article (94) of the Constitution as follows: “First: The decisions of the Federal Supreme Court are final and binding on all authorities. Second: The court may, when necessary, and whenever the constitutional and public interest requires it to abandon a previous principle approved by it in one of its decisions. We propose to the legislator to amend the Federal Supreme Court Law No. (30) of (2005) amended by Law No. (25) of (2021) to include an explicit text that allows the court to reverse its decisions. We call on the House of Representatives to expedite the enactment of a new law for the Federal Supreme Court and to include experts in Islamic jurisprudence and legal scholars in the composition of the court in accordance with Article (92/Second) of the Constitution.
