استبدال القاضي الدستوري في العراق ( دراسة مقارنة )

Rp-Replacing the constitutional judge in Iraq ( A comparative study ) .pdf

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The constitutional judge plays an important role in protecting the rule of law. It is the most crucial link in consolidating constitutional legitimacy and ensuring the rights and freedoms of individuals. The constitutional legislator was keen to pay great attention to the organization of constitutional courts and councils, devoting a high degree of care to ensuring the independence and transcendence of this institution within the constitutional document.

Despite the constitutional judge’s high position in protecting constitutional legitimacy, his career, no matter how long it lasts, is governed by external factors that can be attributed to natural reasons, such as retirement or expiration of a temporary assignment, or unnatural reasons, such as death, health, resignation or dismissal. In the event of this occurring, it could negatively affect the work of the constitutional courts and councils. This could lead to the loss of the constitutional courts and councils’ legal quorum requirement.

This research aims to highlight the legal provisions related to the issue of replacing a constitutional judge in Iraq and how this compares to other countries. This is achieved by examining the legislative shortcomings of these provisions, as well as considering the various reasons and conditions for replacing the constitutional judge, and finally exploring the legal implications and considerations this has.

This thesis is divided into the following sections, an introduction, a study topic followed by two chapters and a conclusion. The nature of the constitutional judge’s replacement and its justifications are explained in the study topic. The first chapter focuses on the natural reasons for replacing the constitutional judge, whilst the second chapter examines the unnatural reasons for replacing the constitutional judge.

In the conclusion, we reached a set of results and proposals, the most important of which is the Iraqi legislator’s failure to set a minimum age of retirement for the president and members of the Federal Court. This failure led to the Federal Supreme Court losing its legal quorum as a result of a federal court member choosing to retire at his request, and the subsequent death of another member. Accordingly, the legislator corrected this legislative shortcoming by issuing Amendment No. (25) in the year 2021, to the aforementioned Federal Court Law, which specified the bodies that nominate the president and members of the Federal Supreme Court.